BROCKTON, MASS. (WHDH) - A Middleboro man who fled from Brockton detectives in 2015 believing they were “fake police” is now suing those involved for punitive and compensatory damages.
According to the Brockton Enterprise, Kory McSweeney has filed a federal lawsuit against the town of Brockton and four police detectives stating that he broke no laws after he reportedly fled from police officers he believed to be fake following an altercation in May of 2015 that led to his imprisonment.
The 23-page complaint written by McSweeney’s attorney states that he will be looking for 11 counts of damages including use of excessive force, withholding exculpatory evidence, malicious prosecution, false imprisonment and intentional infliction of emotional distress.
The complaint states that all charges were dropped against McSweeney after the defendants failed to appear in court four out of five times.
“As a result of the defendants’ actions in pursuing a case against the plaintiff, which they knew to be false, he remained imprisoned for 58 days during which time he lost his job, and suffered immensely,” according to McSweeney’s complaint, filed in federal court on May 14 this year.
McSweeney, who recently graduated cum laude from a criminal justice program, says he cannot find work in his chosen field due to his criminal record.
City police stated they were searching for drugs when they stopped McSweeney and a friend who said they were on their way to a CVS to buy supplies for milkshakes. He then told police that he was not associated with any illegal drugs.
No evidence was found to the contrary however, one officer believed he saw McSweeney throw something out of his window.
The officers began tailing McSweeney, according to the lawsuit, in an “old Chevrolet Tahoe” with one headlight out.” He allegedly pulled his vehicle over after some time even though he was “very suspicious.”
That is when the vehicle pulled up beside him and an officer allegedly wearing plain clothes pointed a gun at him. The lawsuit states that Mcsweeney was “extremely frightened having a gun drawn and pointed at him.” He claimed he thought he was being robbed and feared for his safety.
That is when McSweeney drove off in an attempt to flee the perceived threat. The lawsuit states that he called 911 and told the dispatcher that “fake police officers drew guns” on him, just before he was arrested.
In response to this suit, the city of Brockton has issued a 22-page response on July 6, defending the legal rights of their officers while simultaneously denying McSweeney’s claims that officers were not wearing clothing that identified them as police.
“The officers were wearing department issued clothing which clearly identified them as police officers” wrote Assistant City Solicitor Sean M. Murphy.
Murphy also refutes the McSweeney’s description of the vehicle that pursued him.
“It is the city’s position that the allegations contained in Mr. McSweeney’s complaint are without merit and have been denied in our answer therto,” said Brockton Assistant City Solicitor Karen Fisher, in an email to The Enterprise. “The city intends on defending this lawsuit vigorously and stands by the actions of the police officers whom at all times during the incident were acting within the cope of their employment and in accordance with the policies and procedures of the Brockton Police Department as well as all applicable state and federal laws. The city is unable to comment any further on this matter while the litigation is pending.”
Following the city’s response, a scheduling conference was set for Aug. 28 at the federal court house in Boston.
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