HAMPTON — Three Hampton police officers are being sued in federal court for assault and battery, excessive force and other charges stemming from an incident that occurred in 2009 when they arrested a man outside of Stacey Jane's Grille & Bar on charges of disorderly conduct.

HAMPTON — Three Hampton police officers are being sued in federal court for assault and battery, excessive force and other charges stemming from an incident that occurred in 2009 when they arrested a man outside of Stacey Jane's Grille & Bar on charges of disorderly conduct.



Frederick Fortin, of Haverhill, Mass., filed the civil suit last week in U.S. District Court in Concord, which also names the town of Hampton as a defendant.



Fortin is claiming the officers Steven Tousignant, Robert Turcotte and Joe Galvin's actions were "reckless and unreasonable" when they arrested him as he made no threats and had no weapon.



He claims he was falsely arrested and racked up $70,000 in medical bills due to injuries he claims were sustained at the hands of the officers after he was thrown to the ground.



Represented by Kenneth Murphy, of Coughlin, Rainboth, Murphy & Lowb, Fortin is requesting a jury trial and seeking enhanced and punitive damages.



Murphy did not immediately return phone calls seeking comment.



The officers and the town were served this week and have yet to file a notice of appearance or response to the suit.



Calls to Town Attorney Mark Gearreald and to Hampton Police Chief Jamie Sullivan seeking comment were not immediately returned.



Fortin alleges in the lawsuit that on Aug. 23, 2009 he was having dinner and drinks at Stacey Janes on Ocean Boulevard with friends. When he exited the bar, he claims he saw two officers attempting to remove patrons who were outside smoking cigarettes in a narrow alleyway on the side of the building.



Fortin said he questioned the actions of the officers and one of them told him to "screw" or he would be arrested.



When he inquired again why the officers were asking the patrons to move, he was told the department received a complaint about individuals blocking the sidewalk.



Fortin claims he told an officer, who had just arrived, that he believed what the officers were doing was wrong and wanted their badge number and name.



The officer he allegedly spoke to was Joe Galvin and according to the complaint, he complied "angrily."



Fortin claims he decided to leave when Galvin reproached him from behind and allegedly said loudly in his ear, "I'm Officer Joe Galvin and I'm the town of Hampton prosecutor. What do you think of that?"



The suit alleges that an officer picked him up from behind and slammed him hard to the ground.



He was then arrested for disorderly conduct and taken to the police station for booking.



It was that one incident where he allegedly was slammed to the ground that Fortin claims caused his injuries.



While in a cell, Fortin passed out on the floor and was taken by ambulance to Exeter Hospital.



Fortin said he believed he was having a heart attack as he suffered two prior ones. X-rays from the hospital showed his lung volumes to be low and also showed some "crowdings of the pulmonary makings," according to the lawsuit.



A couple of months later, Fortin claims he went to Bringham and Women's Hospital Clinic fearing he cracked a rib during the altercation that occurred with the officers.



Fortin said it was later determined via an MRI that he suffered a rib and vertebral fracture and rotator cuff tear.



Fortin claims he spent $74,999 in medical bills as a result of the assault.



Fortin said police received copies of his medical records from Exeter Hospital the night of his arrest - which included his blood alcohol level - without his permission. He then claims those records were used against him to entice him to plead guilty to a lesser charge of trespassing. While he thought he was pleading guilty to trespassing, Fortin ended up pleading guilty to a different version of the disorderly conduct statute.



Attorney's representing Fortin said there was no evidence to support the crime.



Police reports from the incident stated Fortin was enraged, loud and resisted arrest. It also claims they "placed" Fortin on the ground to better control him.



Fortin's lawsuit is seeking damages for false arrest and illegal imprisonment, assault and battery, excessive force and violations of his first amendment and civil rights.



The town of Hampton is being sued because they employed the officers.