|Framingham man sues police officers||May 2, 2011|
|Scott O'Connell 508-626-4449||Metrowest Daily News|
FRAMINGHAM -- A Framingham man arrested two years ago is suing police in federal court, claiming they beat him unconscious and violated his constitutional rights.
Larry Rogers and his wife, Mae, filed the suit in U.S. District Court in Boston on April 20, and are seeking $2 million in damages. They name nine defendants in the complaint, including the Framingham Police Department, Police Chief Steven Carl, and the town.
Rogers, 53, says officers brutally beat him after responding to a report of a family fight at his 25 Gilbert St. home the night of Aug. 3, 2010. He also claims police continued to beat him at the station until he was unconscious.
Rogers says in his complaint that he never struck the arresting officers, Brian Blue and Kathy Esposito, who are named in the suit.
Police at the time charged Rogers with assault and battery on a police officer, resisting arrest and disorderly conduct. According to a Daily News report of the incident, police said Rogers began swinging at them and shoving them after they decided to arrest him for causing a disturbance.
Last November, Rogers was found guilty in Framingham District Court on the disorderly conduct charge. He was found not guilty on the other counts, according to the court clerk's records.
"He was charged with violent felonies that he has spent over a year fighting in district court," said Rogers' attorney, Leslie Salter. "It took a while for us to get to this point."
Rogers claims he has suffered permanent injuries and emotional distress from the alleged assaults, as well as damage to his business and reputation. His wife has also experienced "emotional pain and distress" connected to Rogers's deteriorated state since the incident, according to the complaint.
The suit argues the police violated Rogers' constitutional rights, as well as his rights protected under the Massachusetts Civil Rights Act, and that the defendants are liable for Rogers' physical and emotional suffering and medical costs.
Other Framingham Police officers listed in the suit are Thiago Miranda, Ron Cesar, Christopher Langmeyer and Michael Esposito. Rogers claims all except Miranda were present during his booking when he was beaten. The suit says Miranda was identified in Blue's incident report as having assisted in the arrest and/or booking.
In addition to his claims of excessive force, Rogers alleges police also ignored his pleas for medical attention while he was held in a police station cell following his arrest. Photos taken of him after the incident show "multiple facial, head, torso and limb abrasions, bruising, cuts, swelling and other bodily damage," the complaint says.
Neither Carl nor Framingham Police spokesman Ron Brandolini could be reached for comment yesterday.
Police report: 1005762 Larry Rogers gets arrested 1005762 21:32 ARREST: ROGERS, LARRY 25 GILBERT ST FRAMINGHAM, MA DOB:10/07/58 Arrested@ 25 GILBERT ST for DISORDERLY CONDUCT-PERSON C272 S53 ARREST-RESISTING C268 S32B ASSAULT/BAT-PUBLIC EMPLOYEE C265 S13D Officer: BLUE, MIRANDA, CESAR
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