Officers sued for false arrest, excessive force

February 28, 2009
By

Journal Staff Report

A Boston lawyer has filed suit in federal court against the City of Revere and three Revere police officers for the alleged false arrest and use of excessive force on a Ward 2 resident who claims to have simply been heading to work.

The city solicitor’s office had no comment on the case, and hadn’t received the filing yet.

Attorney Stephen Hrones (who also represents Clark Rockefeller accused of kidnapping his daughter) filed the suit on Monday in Boston Federal Court on behalf of Ferdy Argueta of Clark Road.

He charges that Revere police officers Joe DeLeo, Mark Birritteri and Lynn Romboli stopped him on Route 1A southbound while he was on his way to work around 11 p.m. on February 10, 2008.

Hrones said his client never noticed the police behind him until he entered Route 1A. At that point, he allegedly pulled to the side, thinking the police were after someone else.

According to the filing, Officer DeLeo approached Argueta’s truck on the passenger side and ordered him to get out of the car.

Police said when Argueta opened the door, he struck Romboli with it in an “assaultive manner”. Argueta said he never even touched her with the door.

Officers grabbed him, allegedly, and pushed him back to the police car. Believing he was drunk, officers repeatedly questioned him about being drunk, according to the filing. Argueta allegedly pointed to his uniform and his work place, located just a little way up Route 1A.

At that point, officers allegedly told him he wouldn’t be going to work that night and arrested him. They cuffed him, and implored him to admit being drunk, which he didn’t.

At that point, Officer DeLeo is accused of having punched Argueta in the face.

Argueta was arrested and charged with failure to stop for police, assault with a dangerous weapon (truck door) and resisting arrest.

Those charges were subsequently dismissed in court.

They are requesting a jury trial in federal court, though a monetary value on the case wasn’t specified.

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