Brockton Police Officers Successfully Defended in Federal Court

December 2012:

 Attorney Stephen Pfaff, as Special Counsel to the City of Brockton, recently successfully defended a civil rights suit brought by the plaintiff who claimed he was falsely arrested  by the Brockton Police Department.

 Name of case: Jeremiah and Laura Davila-Lynch v. City of Brockton, et. al.

 Facts:  Plaintiff JDL was driving on American Legion Parkway in the City of Brockton at 3:30am on March 20, 2006 , when he noticed Brockton Police Officers (approximately three) attempting to effectuate an arrest.  The Plaintiff, who was a Federal Air Marshal, slowed his vehicle down to see if the police needed assistance. Plaintiff was  told to leave the scene but did not; the officers  again told him to leave the scene and this time did, but stopped 100 feet or so up the road and began to yell back at the Defendants. 

The Plaintiff then continued to the intersection of Legion Parkway and Warren and drove through a red light, narrowly avoiding colliding with a number of vehicles. Plaintiff then circled the block instead of going home, and again interfered with the police officers at the scene.  Plaintiff was stopped by the police and because alcohol could easily be detected coming from Plaintiff’s breath, he was given a field sobriety test and then informed that he was under arrest (Id.).  Plaintiff was carrying a loaded firearm at the time.                         

The Plaintiff consented to a three month period of pre-trial probation and the charges against him were dismissed.  However, Plaintiff alleges he suffered economically due to his subsequent temporary loss of his job as a federal air marshal which was in part due to the alleged false statements made by the Brockton Police Department during the hearing concerning his employment.

After a week-long trial, a federal jury returned a verdict in favor of the City of Brockton and its two police officers.

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