Legal Question in Criminal Law in Massachusetts

Police Officer Assault and Battery

Falsely arrested last year on assault and battery charge. Charge dropped, it was all a lie. Two police officers at the scene, one handcuffed me outside, the other went to talk with my accuser, then came storming out of the house, grabbed me by the collar, violently shook me around, I did nothing to provoke this attack, my personal feeling is he did this to attempt to tack on another charge of A&B on a police officer, and resisting arrest. I did not take the bait. Wrote a letter to Internal Affairs, they turned over the investigation to his supervisor, who telephoned me and said he had a ''talk'' with this officer, and ''he won't do it again.'' My question: is it OK for a cop to assault and batter a guy who's handcuffed and giving no resistance? I was charged with A&B on nothing but an accusation, which I could prove was a lie, so why was this officer not also arrested based on my accusation? I'm not satisfied with the way Internal Affairs turned over the investigation to the supervisor of this guy. Predictable what the outcome would be. What can be done?


Asked on 6/05/06, 2:24 pm

2 Answers from Attorneys
Barbara C. Johnson Law Office of Barbara C. Johnson

Re: Police Officer Assault and Battery

Some IA investigations are not worth anything to the complainant. Where the charges were dismissed, the city/town feared a malicious prosecution case by you and therefore would find their PO acted reasonably.

You can still sue the PO in his individual and professional capacities. You can also sue the city. This type of action falls under section 1983 of Title 42 in the federal court.

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Answered on 6/12/06, 2:45 pm
George Davis Law Office of T. George Davis, Jr.

Re: Police Officer Assault and Battery

Exactly what did this officer do to you? Were there any eyewitnesses? Does this officer have a track record of this kind of abusive behavior? Did you sustain any physical injury as a result of the officer's actions? Did you receive any medical treatment as a result? I understand why you are upset about what happened, but you will need more than "he said, she said" allegations to substantiate your case, and you will need to establish that the officer's actions were outside the bounds of appropriate police conduct to the point that they deprived you of your rights. If you have good answers to the questions I posed above, you will have a greater chance of bringing a good case against the officer. If you don't have good answers, then it will be a difficult case to make in court.

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Answered on 6/23/06, 1:27 pm


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