Suit against Fitchburg, police alleges negligence in 2008 death of man

Jul 28, 2011 Full story: Worcester Telegram & Gazette 65

A lawsuit against the city and Fitchburg police was filed in Worcester Superior Court Tuesday alleging negligence led to the death of a 23-year-old Fitchburg man in 2008.

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appoint blame

Fitchburg, MA

#21 Jul 29, 2011
As in the OJ case. Detective Vanatta took OJs blood vial to the crime scene and OJs house. The blood vial was then half empty. The detective stated that the vial was spilled over in the fridge so he took it with him so it wouldn't spill anymore. He didn't make a report to report the spillage. So who do we believe? Now there was blood testing chemicals already in the blood on the fence at the crime scene and there was an extra trail of blood into OJs house.

Rules and regulations MUST be followed.
Just Facts

United States

#22 Jul 29, 2011
Hi Guys,

It is obvious by some of the posts that Lynch the Idiot and Chuckles B#tch are the folks posting negative statements about the Police. We have all come to understand that noone can do any wrong unless they are in law enforcement and everything is the fault of the police.

I am glad to see that Karma has once again fixed a bad situation by ridding us of the POS drug dealer...too bad it doesn't happen more often.

Maybe we will have a chance to see Karma deal with Lynch and our Holliston buddy too...lets hope.
double standard

Fitchburg, MA

#23 Jul 29, 2011
Justice is not defined as "the way we framed it to be".
If a double standard of law is allowed then we may as well not have laws!
Rules, regulations and protocol are crucial and required ingredients in protecting equal treatment and protection of the citizens rights.
These facts are what seperate the US from Communist China.
Jingles the clown

Leominster, MA

#24 Jul 29, 2011
It says right on the side of the car
"To serve and protect" and that refers to law abiding citizens. It doesn't say ambulance for drug dealers. What does O.J. have anything to do with this you twisted psycho?
The Insider

Hyannis, MA

#25 Jul 29, 2011
Chuckling with Chuckles wrote:
<quoted text>
"Obviously you will see many drug users and drunks on the street now"
So, you are saying that up to now we haven't been seeing many drug users and drunks on our streets? You have got to be kidding, right!
Gee wizz, the Burg is over run with drug users and drunks roaming the streets; and has been for years.
Just because the FPD drives straight past them and makes believe that they can't see them; doesn't mean that the rest of us can't see them.
Thats why they are there. What is your idea that the city should do with them? The state closed all the mental health and rehab facilities. The hospital ER will not take them. It is not the responsibility of the police to keep them and watch them. They have the right to refuse medical treatment. What is the police suppose to do?
Mclovin

Leominster, MA

#26 Jul 29, 2011
Of course he refused medical treatment, he had enough drugs in his stomach to put him away for a long long time. Then again it is the Fitchburg court so he probably would heave been released on personal recognance.
The Insider

Hyannis, MA

#27 Jul 29, 2011
Mclovin wrote:
Of course he refused medical treatment, he had enough drugs in his stomach to put him away for a long long time. Then again it is the Fitchburg court so he probably would heave been released on personal recognance.
If he went to the hospital he would have not been arrested for the drugs in his stomach. Hippa laws protect all patients from any information being released. The only situation that the police or court may obtain medical information from a hospital is if that information will help solve a serious crime that was commited by that individual such as drunk driving causing a loss of life, gunshot/stabbing wounds with another indidvidual and so on.

That is why when someone is caught drunk driving without any property damage or injury to another party always go to the hospital in an ambulance from the scene. Always state you swerved to avoid an animal in the roadway. Never walk the line because your back has pain. Go to the hospital, refuse a blood test because the hospital cannot take your blood without your permission.

But taking your blood wouldn't matter anyways because the results will not be released to the police or court unless a crime was committed that resulted in another person's loss of property or injury to another person.

Everyone knows how to beat a drunk driving charge.
The Insider

Hyannis, MA

#28 Jul 29, 2011
Here is the link for Hippa.

http://www.hhs.gov/ocr/privacy/
Just Facts

United States

#29 Jul 29, 2011
Hey Insider,

I have a better way of not getting caught driving drunk...don't do it at all. It's incredible that you advocate that someone break the laws and then try to hide it...cmon!
The Insider

Hyannis, MA

#30 Jul 29, 2011
appoint blame wrote:
<quoted text>
Was this guy even charged with drug dealing? Even if he was a drug dealer no law states that he should die! What the law does state is that while in custody these officers are responsible for this mans well being.
I would think that protocol for a person swallowing drugs warrents a trip to the hopital. And if these officers are mandated to check on these detainees then that is there responsibility. If we allowed "I forgot" then all kinds of improper behavior may take4 place.
There needs to be checks and balances.
You cannot force anyone to go the hospital. It happens all the time on an everyday basis. Family members call for an ambulance for their realtives to be transported because they feel they need to go to the hospital. Most of them are surprised when they find out that the ambulance cannot transport without that person's consent. This is their civil rights. Believe it or not even a nursing home cannot send a resident to the hospital without their consent unless they are incoherent, unconscious or not of sound mind.

The police do check on the detainees but they cannot sit with him every minute throughout the weekend. It only takes a couple of minutes after the drugs finally enter his system and he chokes without a gag reflex and dies.

So now the best thing to do is not to arrest them but to let them go free. Once they become unconscious hopefully someone will find them and call for an ambulance. That is why there are so many drug users and drunks out on the streets. Why should the police take custody of them if the hospital does not want to?
logic lessons for insider

Fitchburg, MA

#31 Jul 29, 2011
The Insider wrote:
<quoted text>
You cannot force anyone to go the hospital. It happens all the time on an everyday basis. Family members call for an ambulance for their realtives to be transported because they feel they need to go to the hospital. Most of them are surprised when they find out that the ambulance cannot transport without that person's consent. This is their civil rights. Believe it or not even a nursing home cannot send a resident to the hospital without their consent unless they are incoherent, unconscious or not of sound mind.
The police do check on the detainees but they cannot sit with him every minute throughout the weekend. It only takes a couple of minutes after the drugs finally enter his system and he chokes without a gag reflex and dies.
So now the best thing to do is not to arrest them but to let them go free. Once they become unconscious hopefully someone will find them and call for an ambulance. That is why there are so many drug users and drunks out on the streets. Why should the police take custody of them if the hospital does not want to?
The paper reports that an officer seen and reported that he swallowed drugs! Then another officer states "he forgot" to logg in that he did his walk by. Whether that officer forgot or not doesn't matter as he didn't log it in period! This mans' family has merit in their argument.

From what I am hearing another major lawsuit is coming against the FPD. These facts reflect on poor management as there are NO consequences for wrongful behavior nor for negligence concerning the FPD.

This is why judges have been awarding big judgments in an effort to send a message that this behavior must not be tolerated or allowed.

No one is stating that an officer killed this guy. They are stating that negligence played a role and I have to agree from what I have read.

The FPD needs to be educated concerning substance abuse. We have FPD members who believe that methodone is a comfort medication and/or a simulated heroin. this is FALSE. It is the managements responsibility to provide education to all its officers regarding such misconceptions. It is referenced as civility training. People like Insider have people "guilty until proven innocent". People in Massachusetts joke about this thought as it is not a legal reality. To say that this guy deserved to die is wrong and illegal!

When the FPD has someone in custody, they are INNOCENT until proven otherwise and they must provide for that detainees basic needs. There are no controls at the FPD which will continue to bring lawsuits until it is corrected.
Eduardovelzzido Melingezz

Leominster, MA

#32 Jul 29, 2011
logic lessons for insider wrote:
<quoted text>
The paper reports that an officer seen and reported that he swallowed drugs! Then another officer states "he forgot" to logg in that he did his walk by. Whether that officer forgot or not doesn't matter as he didn't log it in period! This mans' family has merit in their argument.
From what I am hearing another major lawsuit is coming against the FPD. These facts reflect on poor management as there are NO consequences for wrongful behavior nor for negligence concerning the FPD.
This is why judges have been awarding big judgments in an effort to send a message that this behavior must not be tolerated or allowed.
No one is stating that an officer killed this guy. They are stating that negligence played a role and I have to agree from what I have read.
The FPD needs to be educated concerning substance abuse. We have FPD members who believe that methodone is a comfort medication and/or a simulated heroin. this is FALSE. It is the managements responsibility to provide education to all its officers regarding such misconceptions. It is referenced as civility training. People like Insider have people "guilty until proven innocent". People in Massachusetts joke about this thought as it is not a legal reality. To say that this guy deserved to die is wrong and illegal!
When the FPD has someone in custody, they are INNOCENT until proven otherwise and they must provide for that detainees basic needs. There are no controls at the FPD which will continue to bring lawsuits until it is corrected.
I like the way you think brotha I think tomorrow would be a great day to eat 10 bags of drugs wash them down with two bottles of tequila and then if I die in jail one of my homies can sue the city for something like spellin my name wrong.
The Insider

Hyannis, MA

#33 Jul 30, 2011
logic lessons for insider wrote:
<quoted text>
The paper reports that an officer seen and reported that he swallowed drugs! Then another officer states "he forgot" to logg in that he did his walk by. Whether that officer forgot or not doesn't matter as he didn't log it in period! This mans' family has merit in their argument.
From what I am hearing another major lawsuit is coming against the FPD. These facts reflect on poor management as there are NO consequences for wrongful behavior nor for negligence concerning the FPD.
This is why judges have been awarding big judgments in an effort to send a message that this behavior must not be tolerated or allowed.
No one is stating that an officer killed this guy. They are stating that negligence played a role and I have to agree from what I have read.
The FPD needs to be educated concerning substance abuse. We have FPD members who believe that methodone is a comfort medication and/or a simulated heroin. this is FALSE. It is the managements responsibility to provide education to all its officers regarding such misconceptions. It is referenced as civility training. People like Insider have people "guilty until proven innocent". People in Massachusetts joke about this thought as it is not a legal reality. To say that this guy deserved to die is wrong and illegal!
When the FPD has someone in custody, they are INNOCENT until proven otherwise and they must provide for that detainees basic needs. There are no controls at the FPD which will continue to bring lawsuits until it is corrected.
The maximum the city can be sued for is $100,000. This is to protect the city from going bankrupt. In most cases the lawsuit is dropped against the city. This is because the city was not the one whom directed their employee to do something to bring on the lawsuit. The city will always separate themselves from the employee in a lawsuit.

The employee is usually the one that will get a lawsuit. The city does not get involved in a lawsuit because it is usually the employee or a contractor that will be involved. The city does not protect or defend any of it's employees or contractors. Once an employee is named as the defendent the case it usually gets dropped anyways because the employee does not have enough money to settle.

If they sued me they can have my mortgage, car payments etc. The employee's salary can never be detached except in a case of child support. The city may settle but usually they will inform the prosecuter to go after the employee because the city didn't instruct the employee to do whatever brought on the lawsuit. So usually the city is out of the lawsuit within a short time.
The Insider

Hyannis, MA

#34 Jul 30, 2011
logic lessons for insider wrote:
<quoted text>
The paper reports that an officer seen and reported that he swallowed drugs! Then another officer states "he forgot" to logg in that he did his walk by. Whether that officer forgot or not doesn't matter as he didn't log it in period! This mans' family has merit in their argument.
From what I am hearing another major lawsuit is coming against the FPD. These facts reflect on poor management as there are NO consequences for wrongful behavior nor for negligence concerning the FPD.
This is why judges have been awarding big judgments in an effort to send a message that this behavior must not be tolerated or allowed.
No one is stating that an officer killed this guy. They are stating that negligence played a role and I have to agree from what I have read.
The FPD needs to be educated concerning substance abuse. We have FPD members who believe that methodone is a comfort medication and/or a simulated heroin. this is FALSE. It is the managements responsibility to provide education to all its officers regarding such misconceptions. It is referenced as civility training. People like Insider have people "guilty until proven innocent". People in Massachusetts joke about this thought as it is not a legal reality. To say that this guy deserved to die is wrong and illegal!
When the FPD has someone in custody, they are INNOCENT until proven otherwise and they must provide for that detainees basic needs. There are no controls at the FPD which will continue to bring lawsuits until it is corrected.
If anyone comes to my house uninvited you will meet Mr.357. I hope they can outrun a piece of lead at 2,000 ft. per second. Especially if they are in my house. They will suffer the consequences and yes they are guilty. Trust me they are not innocent.

Someone whom swallows bags of drugs are guilty. You can sugar coat it anyway you want. They are guilty. Again people want crime off the streets but get all boo hoo when a criminal dies because he was doing something illegal. Most people whom are against the police are hypocrits. They want the scumbags locked up but if they die then the police didn't do their job.
The Insider

Hyannis, MA

#35 Jul 30, 2011
Just Facts wrote:
Hey Insider,
I have a better way of not getting caught driving drunk...don't do it at all. It's incredible that you advocate that someone break the laws and then try to hide it...cmon!
And you have never drank and drove before. Everyone has been in that situation. You don't have to be drunk to fail the test now. Just a half a beer will put you over the limit. So remember that the next time you are out at a restaurant and order that drink.
Just ask Perry

Gardner, MA

#36 Jul 30, 2011
The Insider wrote:
<quoted text>
If he went to the hospital he would have not been arrested for the drugs in his stomach. Hippa laws protect all patients from any information being released. The only situation that the police or court may obtain medical information from a hospital is if that information will help solve a serious crime that was commited by that individual such as drunk driving causing a loss of life, gunshot/stabbing wounds with another indidvidual and so on.
That is why when someone is caught drunk driving without any property damage or injury to another party always go to the hospital in an ambulance from the scene. Always state you swerved to avoid an animal in the roadway. Never walk the line because your back has pain. Go to the hospital, refuse a blood test because the hospital cannot take your blood without your permission.
But taking your blood wouldn't matter anyways because the results will not be released to the police or court unless a crime was committed that resulted in another person's loss of property or injury to another person.
Everyone knows how to beat a drunk driving charge.
Readers,

This post is right on the money. That IS the way to beat a DUI or a DWI charge. Let's use officer Perry Pappas of the Fitchburg PD as an example:

A few years back, Double P managed to beat a drunk driving charge by using this same exact method. And, Double P was in a pretty tough spot at the time. Apparently, he had passed out in his vehicle after attempting to get it into the break down lane of Route 190 in the early morning hours. Doubel P's haphazardly parked vehicle was apparently struck by another driver on Route 190; and the responding State Police Officer found Double P apparently catching up on some ZZZZ's and smelling strongly of alcohol. But, Double P knew very well how to work the system; and he used the exact method described above to dodge any rsponsibility. And as a result, Double P was not found guilty.

So, any of you who are still not so sure about this should contact Double P. I am reasonably sure that he would be more than happy to share his personal experience with you; and also give you a few pointers.

But, if you still are uncertain about this method; but you get stopped in Fitchburg after drinking; just tell the officer who stops you that you just left JR's Pub. You should be all set and the chances are extremely high that the officer will let you go.

Again, Readers, "Just ask Perry". It worked like a charm for him!
The Insider

Fitchburg, MA

#37 Jul 30, 2011
Just ask Perry wrote:
<quoted text>
Readers,
This post is right on the money. That IS the way to beat a DUI or a DWI charge. Let's use officer Perry Pappas of the Fitchburg PD as an example:
A few years back, Double P managed to beat a drunk driving charge by using this same exact method. And, Double P was in a pretty tough spot at the time. Apparently, he had passed out in his vehicle after attempting to get it into the break down lane of Route 190 in the early morning hours. Doubel P's haphazardly parked vehicle was apparently struck by another driver on Route 190; and the responding State Police Officer found Double P apparently catching up on some ZZZZ's and smelling strongly of alcohol. But, Double P knew very well how to work the system; and he used the exact method described above to dodge any rsponsibility. And as a result, Double P was not found guilty.
So, any of you who are still not so sure about this should contact Double P. I am reasonably sure that he would be more than happy to share his personal experience with you; and also give you a few pointers.
But, if you still are uncertain about this method; but you get stopped in Fitchburg after drinking; just tell the officer who stops you that you just left JR's Pub. You should be all set and the chances are extremely high that the officer will let you go.
Again, Readers, "Just ask Perry". It worked like a charm for him!
It also helps most of the residents in the city as their teenagers are involved in an accident because of drinking. Something that can happen to every teenager. They most likely totaled their vehicle or their parents vehicle so they have already paid the price and then they will have to deal with their parents. Most parents are grateful and will handle the matter themselves. There is no need for a teenager to go thru any further punishment. This will also keep the record clean for future employment opportunities. Don't worry most of them have learned their lesson about drinking and driving after an accident.

So yes the police do help out the average citizen too.
The Insider

Fitchburg, MA

#38 Jul 30, 2011
logic lessons for insider wrote:
<quoted text>
The paper reports that an officer seen and reported that he swallowed drugs! Then another officer states "he forgot" to logg in that he did his walk by. Whether that officer forgot or not doesn't matter as he didn't log it in period! This mans' family has merit in their argument.
From what I am hearing another major lawsuit is coming against the FPD. These facts reflect on poor management as there are NO consequences for wrongful behavior nor for negligence concerning the FPD.
This is why judges have been awarding big judgments in an effort to send a message that this behavior must not be tolerated or allowed.
No one is stating that an officer killed this guy. They are stating that negligence played a role and I have to agree from what I have read.
The FPD needs to be educated concerning substance abuse. We have FPD members who believe that methodone is a comfort medication and/or a simulated heroin. this is FALSE. It is the managements responsibility to provide education to all its officers regarding such misconceptions. It is referenced as civility training. People like Insider have people "guilty until proven innocent". People in Massachusetts joke about this thought as it is not a legal reality. To say that this guy deserved to die is wrong and illegal!
When the FPD has someone in custody, they are INNOCENT until proven otherwise and they must provide for that detainees basic needs. There are no controls at the FPD which will continue to bring lawsuits until it is corrected.
If they are "innocent until proven guilty" why are they in jail then? Why did they get arrested?
gun taunting

Fitchburg, MA

#39 Jul 30, 2011
The Insider wrote:
<quoted text>
If anyone comes to my house uninvited you will meet Mr.357. I hope they can outrun a piece of lead at 2,000 ft. per second. Especially if they are in my house. They will suffer the consequences and yes they are guilty. Trust me they are not innocent.
Someone whom swallows bags of drugs are guilty. You can sugar coat it anyway you want. They are guilty. Again people want crime off the streets but get all boo hoo when a criminal dies because he was doing something illegal. Most people whom are against the police are hypocrits. They want the scumbags locked up but if they die then the police didn't do their job.
First, you cannot theaten to shoot someone with your 357. You are enticing people which is irresponsible for a gun owner. Second, there was a case in Boston where the home owner shot an intruder and killed him, they charged him with manslaughter. It l but I am almost sure that you cannot just shoot someone unless they are attacking you.

In the case of this man swallowing drugs, it is not stated in the law that just because he may have been selling drugs that he is to be neglected while in custody. The police man job is to arrest the suspect only!! ONLY is the key word here my friend. They are not the judge and jury.

You just seem so full of yourself and your weapon of death! How can you gloat over a scenario of shooting someone? It is illegal you know! You ae planning murder out here.

This is why we need checks and balances because of people like you. You are a "public servant"! You are not the "TERMINATOR"! After reding your post you seem extremely dangerous and trigger happy. Are you a police officer?
Carlos Jaime Melendez

Shirley, MA

#40 Jul 30, 2011
"The city does not protect or defend any of it's employees or contractors." The Insider

Absolutely false. Several city employees have an Imdemnification Clause in their employment agreement. Therefore, the city assumes all legal expenses and pays and damage awards when, for example, Police Chief DeMoura is named as a Defendant or Respondent in a lawsuit.

Google "Employment Practices Liability Insurance"

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