Springfield Police Department headquarters on Pearl Street, May 2017. (Dave Roback / The Republican)

By STEPHANIE BARRY | sbarry@repub.com

In response to a request from The Republican, the city recently provided data and records on the status of police misconduct lawsuits — and their outcomes, for cases that have been resolved — filed over the past decade.

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Above: U.S. District Court in Springfield. (File photo / Don treeger)

The vast majority of 57 lawsuits filed against police officers and the city over the past decade have been filed in U.S. District Court.

Police misconduct lawsuits and payouts, by the numbers

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Graphics by Greg Saulmon / The Republican

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Springfield police misconduct settlements, 2006-2017

Source document: City spreadsheet tracking misconduct case payouts

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Stephanie Barry | sbarry@repub.com

Charles Wilhite

Charles Wilhite, shown here in the lobby of U.S. District Court in Springfield, won the highest settlement from the city — $1.4 million — after filing a lawsuit arguing he had been wrongly convicted of a murder due to shoddy police work.

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Stephanie Barry | sbarry@repub.com

Delano Walker

Family members of the late Delano Walker Jr., shown here, received a $1.2 million jury award after a 2014 trial in federal court.

Walker's mother sued the city and police after her son was killed when he was forced into traffic on Columbus Avenue. The incident happened when officers stopped Walker and a friend, who were riding their bikes. The city settled for $1 million after the jury's verdict came down.

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File photo / The Republican

Melvin Jones III

Melvin Jones III, shown here at a hearing in Hampden Superior Court, was awarded $575,000 after a police beating during a traffic stop was caught on amateur video in November 2009. The Republican obtained the video and first reported on the case in early 2010.

Former police officer Jeffrey Asher was convicted and served jail time in connection with the beating. Jones has struggled with his own legal problems since, and was recently ordered to jail for six months for a parole violation.

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Above: Douglas Greer, and the shattered glass of his car's window. (File photos / The Republican)

Douglas Greer

Douglas Greer, a principal at a charter school, received a $180,000 settlement after suing police and the city. He was dragged out of his car and roughed up by police while in the throes of a diabetic attack. Officers mistook his medical emergency for aggressive behavior.

Greer has since died of complications from the disease.

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Stephanie Barry | sbarry@repub.com

Michael Ververis

Michael Ververis, a FedEx driver from Connecticut, was awarded a $175,000 settlement from the city after he sued in U.S. District Court, alleging he was beaten and choked by police during a traffic stop downtown. Supporters of Ververis launched a website to highlight his case.

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Pending cases

The Republican researched current pending cases involving alleged police misconduct, all of which have been filed in U.S. District Court.

The alleged incidents range from an unspecified beating by a man in prison, a baton attack outside a child's birthday party and 27 years of false imprisonment, according to the pleadings.

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Plaintiff: George Gunter

PARTIES: George Gunter v. Officers Anthony Cicero and John Lopez

ALLEGATIONS: excessive force; unlawful arrest; unlawful imprisonment; assault and battery; malicious prosecution; abuse of process; intentional infliction of emotional distress

INCIDENT: Sept. 15, 2015, 2:20 AM

SUMMARY: Gunter states in a complaint filed in late 2016 that he was walking downtown after leaving "the bars" and going to get a late-night meal at Crown Fried Chicken, at the corners of State and Main Streets. The defendants pulled up alongside him in a cruiser and asked where he was coming from and going to, according to the lawsuit. Gunter answered and continued walking away from the cruiser, he says.

The officers demanded that he stop and put his hands against a wall of the MassMutual Convention Center, Gunter claims. When he asked why he was being stopped, the officers got out of the cruiser and approached Gunter. Lopez had his baton extended, according to the lawsuit. Gunter took out his identification and presented it to Lopez with an outstretched arm, the narrative states. Lopez allegedly grabbed Gunter's arm and twisted it.

Gunter pulled his arm free and separately shoved both officers to the ground, his complaint states.

"At no time during this initial encounter did the defendants inform the plaintiff that they intended to place him under arrest," the lawsuit filed by attorney Peter A. Slepchuk reads.

Gunter fled the scene and hid at a construction site on Pynchon Place, where officers with a K9 dog later tracked him down, according to the complaint. Cicero pointed his gun at Gunter and ordered him to "freeze," it adds.

Gunter argues Cicero struck him in the head with a blunt object and then both officers began kicking him in the head and body while he lay on the ground. Gunter was arrested and charged with assault and battery on a police officer and resisting arrest.

After his arraignment, he was unable to make the $3,000 bail set and sat in jail for 91 days until he was acquitted on all counts after a two-day jury trial in December of 2015, the lawsuit states.

The lawsuit states that not only did Gunter suffer physical harm, emotional distress and violations of his civil rights — he also suffered lost wages being absent from his new job at Dunkin Donuts.

A lawyer for the police officers filed a response denying Gunter's allegations.

A pretrial hearing in the case is set for Sept. 20 in U.S. District Court.

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Plaintiff: Dawayne Henry

PARTIES: Dawayne Henry v. Officer Herminio Rivas Jr.

ALLEGATIONS: unlawful arrest; false arrest; false imprisonment; excessive force; assault and battery; malicious prosecution, abuse of process



INCIDENT: June 10, 2015, 6 P.M.

SUMMARY: According to a complaint filed in federal court in December 2016, Henry and some friends went to Five Mile Pond in Springfield on an early summer evening. Rivas arrived in his cruiser, blocked Henry's car in and asked him for his license and registration, the lawsuit states. Henry provided both, which were valid, it adds.

After returning to his cruiser for a few moments, Rivas went back to Henry's car where a backseat passenger had lit a cigarette, according to the plaintiff's narrative. Rivas told the passenger to snuff out the cigarette, and when the passenger asked why, the officer allegedly pointed his pepper spray at the man. He responded by extinguishing the cigarette, the complaint states.

The plaintiff then lit a cigarette, and refused to put it out when Rivas demanded. According to the lawsuit, Rivas ran around to the driver's side and ordered Henry out of the car. Henry said he asked whether he was under arrest and the officer responded that he was not, which prompted Henry to refuse to get out of the car, the complaint states.

Rivas radioed for backup and ordered Henry from the car once more; Henry questioned the rationale yet again, the lawsuit says.

"The Defendant then pepper-sprayed the Plaintiff directly in the face from point blank range without warning. The Defendant then immediately began punching the Plaintiff in the face with closed fists through the open car window," the complaint reads.

Rivas then allegedly pulled Henry out of the car, continued punching him in the face and threw him face down in a puddle of mud.

Two other officers not named in the complaint pinned Henry on the ground, the lawsuit states, while Rivas allegedly cracked Henry's left elbow with a police baton about a dozen times. Henry was taken to the police station on Pearl Street for booking, and was never informed why he was asked to get out of his car in the first place, the complaint adds.

Nor was he ever informed he was under arrest, Henry argues.

Henry's mother took him to the hospital, where he left with his arm in a sling and some painkillers, the complaint states. He was charged through a criminal complaint with assault and battery on a police officer, resisting arrest, threat to commit a crime and one count of a municipal ordinance violation — having an open container of alcohol.

Henry was tried on the charges in Springfield District Court in February of 2016, and acquitted of three charges. The violation of the municipal ordinance was dismissed.

Henry suffered swelling and numbness in his elbow for several months, the complaint states.

Kevin B. Coyle, an attorney for the police union, filed a response denying the allegations in Henry's complaint and arguing Rivas has contractual immunity from being sued personally in his role as a police officer.

A pretrial conference is set for Sept. 7 before U.S. District Magistrate Judge Katherine Robertson.

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Plaintiff: Lee Hutchins Sr.

PARTIES: Lee Hutchins Sr. v. Officers David McKay, Felix Romero, Thomas Hervieux and City of Springfield



ALLEGATIONS: unlawful entry; false arrest, excessive force; failure to discipline by city officials; assault and battery; false imprisonment; malicious prosecution; abuse of process



INCIDENT: Jan. 20, 2013, early morning hours

SUMMARY: In a complaint filed in January 2016, Hutchins Sr. filed a $500,000 demand in connection the police response to a domestic dispute involving his two sons and the mother of the baby of his 2-year-old grandson.

In his complaint, Hutchins Sr. said he was beaten with police batons and pepper-sprayed in the eyes while trying to defuse the dispute. The incident began when police were called to assist the woman in bringing the child home. She and one of the sons, Lee Hutchins Jr., shared joint custody, according to court records, although it is unclear whether there was any formal agreement in place.

The woman insisted police ring the Hutchins’ doorbell after midnight and wake up all the occupants of the house to collect her child, the lawsuit states. Hutchins Sr. was the homeowner. His sons lived there and the toddler was sleeping at the house that night, the complaint adds.

The woman sought police officers’ help in retrieving the child from Hutchins Sr.’s home on Daytona Street, which angered Hutchins Jr., court filings state. Hutchins Jr. and his brother, Keith, physically attacked the mother and police on the scene during a fracas that ensued. Hutchins Sr. argues in his filing that he intervened to try and placate his sons and deescalate the situation — in the process, he was maced and beaten by police.

The lawsuit states McKay filed a false police report regarding Hutchins Sr. which triggered charges of assault and battery on a police officer, resisting arrest and disorderly conduct. The plaintiff was acquitted on all charges after a jury trial in Springfield District Court on Sept.10, 2014.

In the city’s responses over the course of the litigation, it argues police were trying to quell a volatile domestic situation and that McKay pepper-sprayed Hutchins Sr. only when he grabbed an officer’s baton. Lawyers for the city also contend officers were invited into the home and dispute the unlawful entry claims.

Plaintiff’s lawyer Luke Ryan and lawyers for the city have traded dueling motions for summary judgment which are pending before U.S. District Judge Michael A. Ponsor.

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Plaintiffs: Jesus Cartagena and Erica Cartagena

PARTIES: Jesus Cartagena v Officers William Catellier, Luke Cournoyer, Juan Rodriguez, Trent Hufnagel and James Goldrick

AND: Erica Cartagena v. Catellier, Cournoyer and Rodriguez

ALLEGATIONS: excessive force; police brutality, unlawful restraint; false imprisonment; conspiracy to violate civil rights; assault and battery; intentional infliction of emotional distress

INCIDENT: July 29, 2013



SUMMARY: Separate lawsuits were filed in 2016 on behalf of Jesus Cartagena and Erica Cartagena, siblings who were present when their brother, Nicholas Montel, was shot three times by police while Montel was drunk and wielding a hatchet at his home at 74 Irvington St. in Springfield that night.

Jesus and Erica contend their brother was incoherently drunk and belligerent, but only harmed himself with the weapon the family used for firewood. They argue Montel never grew threatening to his siblings or police when they arrived at the house.

“Throughout the episode, Mr. Montel’s behavior was scary and self-harming, but he never turned his anger towards Mr. Cartagena or Erica and he never came at either of them with the hatchet,” the complaint reads.

“During the frenzy, Mr. Cartagena continued to negotiate with Mr. Montel in an effort to get him to put down the hatchet. Mr. Cartagena, hoping his brother would tire himself out, did not want to involve the police, but while he was trying to calm his brother, Erica called the police,” it adds.

When officers arrived, they found a man who was apparently unreasonable, at a minimum, and gripping a hatchet, according to court records and police reports. Police said they encountered Montel’s distraught siblings, with Erica Cartagena calling for help and Montel shouting threats from inside, including shouting “I’ll kill you!’ as he exited the house. The siblings dispute that account.

Police reports from the time indicated officers suffered minor injuries during a scuffle with Montel. The Cartagena complaints deny their brother was pointedly threatening toward the officers and that police created a false narrative in their reports, which painted Montel as a violent and immediate threat.

Both siblings were arrested on the same night as their brother, because both became overwrought at the sight of him being shot, the lawsuit states, and police apparently considered them unruly. Criminal charges against both Cartagenas were later dismissed.

A lawyer for the police denies the allegations against the officers and argues the claim falls outside the statute of limitation for filing.

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Plaintiff: Nicholas Montel

PARTIES: Nicholas Montel v. Officers William Catellier, Luke Cournoyer, Juan Rodriguez and the City of Springfield

ALLEGATIONS: deprivation of civil rights; grossly negligent hiring; failure to train and supervision of police officers; general negligence on the part of the city; intentional infliction of emotional distress; assault and battery



INCIDENT: July 29, 2013



SUMMARY: Montel filed a $1.5 million lawsuit against the city and police over the same incident but states in his complaint that he does not even recall the events of that night. The lawsuit relies on the testimony of his siblings, and reiterates that Montel was drunk, unreasonable and harming himself but never became threatening, according to the complaint.

Jesus Catagena testified that when his brother walked out of the house he wasn’t doing anything, that he had "just walked out and he had the hatchet in his hands,” when police arrived, the lawsuit reads.

“Mr. Cartegena testified that Mr. Montel never had a chance to swing at officers with the hatchet,” it continues.

A struggle ensued between Montel and police for three to five minutes, according to the document, and Cartegena disputes a police report that states Montel tried to choke them. Montel tried to flee down the front stairs. Cartagena heard three shots, he testified in a deposition. Montel fell with the hatchet still in his hand, the records state.

Montel was shot in the leg, inner thigh and abdomen, according to his lawsuit. He had multiple surgeries including the removal of his gall bladder and a repair to his liver, it adds.

A pretrial hearing in Montel’s case is scheduled for Nov. 6.

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Above: Jonathan Ramos is shown here with injuries he says were inflicted when he was beaten by police outside a child's birthday party in the midst of a disturbance.

Plaintiff: Jonathan Ramos

PARTIES: Jonathan Ramos v. City of Springfield. Police Commissioner John Barbieri, Mayor Domenic Sarno and Officers Matthew Rief and Herminio Rivas Jr.



ALLEGATIONS: unreasonable force; failure to discipline and supervise; supervisory liability on behalf of Barbieri and Sarno, assault and battery; violations of civil rights; intentional infliction of emotional distress; civil conspiracy



INCIDENT: April 24, 2016



SUMMARY: Ramos filed a complaint in April alleging he had been smashed in the head with a police baton and pepper-sprayed in the face without provocation when officers responded to a disturbance outside a child’s birthday party in 2014.

Ramos, 29, stated that his sister called police when the father of her son, for whom the gathering was held, showed up uninvited at their home at 28 Drexel St. Rief and Rivas were first to arrive at the house just before 11 p.m.

The lawsuit states Rief suddenly announced his intention to arrest Ramos and take him to jail.

"For what reason? I'm not the problem here. I haven't done anything wrong," Ramos replied, according to the court filing.

Ramos turned away and Rief slipped and fell on wet grass, according to the complaint.

"Mr. Ramos raised his hands in surrender but Officer Rief intentionally swung the baton with great forced and struck Mr. Ramos once on the right side of his forehead," the lawsuit states.

It adds that Ramos "staggered" to the house where Rief eventually followed him. Rivas struck another family member with his baton, according to the complaint, adding that Rief arrested Ramos in the bathroom and hauled him back to his cruiser, where the officer "maliciously and sadistically" maced him in the face.

A police report portrays a far different picture. Rief stated that he and Rivas were dispatched to the scene after a report of a disturbance and found about 10 people on the front lawn, including several men who were screaming profanities. Rief said he asked Ramos to lower his voice, but Ramos continued to scream, causing neighbors to poke their heads out their front doors.

Upon his arrest Ramos was charged with assault and battery on a police officer, resisting arrest and disorderly conduct. Ramos was acquitted of the assault and disorderly conduct charges at trial, according to his attorney, Hector Pineiro, but convicted of resisting arrest. Pineiro said his client is appealing the conviction.

Lawyers for the city and police officers deny any wrongdoing. A pretrial conference was set during an August proceeding for March 19, 2018.

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Plaintiff: Le-Keisha Brown

PARTIES: Le'Keisha Brown v. Officer Aaron Butler

ALLEGATIONS: unlawful arrest; false arrest; false imprisonment; excessive force; malicious prosecution; abuse of process



INCIDENT: March 10, 2015



SUMMARY: Brown, 35, of Springfield, file a complaint against Butler in March. She argues she was arrested by Butler after she responded to pleas from her young nephews to come help them as their mother — Brown’s sister — was drunk and had hit them.

Brown arrived to find the boys bleeding from the head and hand, respectively. A neighbor called 911 and police arrived. They arrested Brown’s sister for assaulting the boys and Brown offered to temporarily take custody of them, according to the lawsuit. Police informed her they could only release the boys to their father or a grandparent so Brown called her mother, based on all accounts.

Trouble began when Brown attempted to head upstairs in her sister’s home to collect some shoes and warm clothes for the boys. Butler insisted that he enter the house alone with the children; Brown resisted. Her lawsuit contends Butler “attacked her” and unlawfully entered the home.

A neighbor testified she heard Brown scream “this is just like Ferguson!” and Butler ordering her to “Stop resisting! Stop resisting!”

The city’s response to Brown’s complaint portrays her as the aggressor and argues that her contention of illegal entry into the house is flawed because the officer was trying to defuse a domestic situation — and moreover, it was not Brown’s home. A lawyer for Brown countered the situation was no longer emergent and Brown posed no threat. The attorney added that Brown has been denied more than a dozen jobs due to her arrest on charges of assaulting a police officer, for which she was later acquitted by a jury.

The city has filed a motion to dismiss, which Brown’s attorney has opposed. After a hearing before U.S. Magistrate Judge Katherine Robertson in early August, she took the matter under advisement.

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Above: Mark Schand, right, served 27 years in state prison for a murder he did not commit. He was freed after years of appeals and has sued Springfield police and the city over the investigation. His case is pending in U.S. District Court. He is shown here after his release with his wife, Mia. (File photo / The Republican)

Plaintiff: Mark Schand

PARTIES: Mark Schand et al v. City of Springfield et al

ALLEGATIONS: Civil rights violations; malicious prosecution; conspiracy to violate civil rights; municipal liability (Monell claims); negligent investigation; negligent training and supervision; intentional infliction of emotional distress; loss of consortium

INCIDENT: 1986-2013

SUMMARY: Mark Schand, now of Windsor, Connecticut, and formerly of Hartford, filed a lawsuit in federal court against the police department, the city and individual police officers nearly two years after being released from prison 27 years after a wrongful murder conviction. His 68-page complaint argues Schand was railroaded by city police, Hartford police and members of the district attorney's office after the murder of Victoria Seymour.

His lawyers cite “doctored and suppressed police reports, coerced and unreliable witness statements, improper identification procedures and a general pattern of blatant disregard for the law” in the complaint.

“What are 27 years of a man’s life worth? This lawsuit seeks to answer that question,” is the statement that opens the lawsuit.

Schand maintained his innocence for nearly 30 years and sought a new trial based on new evidence in 2013. The district attorney’s office joined in a motion to vacate the conviction, the charges were dismissed and Schand was set free. But, he lost nearly half his life. He was 21 when he was arrested and 48 when he was released. His three children were grown and his wife, Mia, had raised the kids alone and visited Schand weekly.

Seymour, 25, was an innocent bystander to a drug deal and robbery that went bad outside the After Five Lounge in Springfield on Sept. 2, 1985. She took a bullet to the back and died hours later at the hospital, according to court records. The gunman fled.

Schand’s lawsuit argued police tailored their investigation to zero in on Schand because witnesses said they spotted a van with Connecticut plates on it and Schand was a Hartford resident with a criminal record. Police sought information on a half-dozen Hartford men regarded as “active” in Springfield, court records state.

The lawsuit claims witness statements and identifications were spotty and inconsistent, at best. The defendants and lawyers for the city have countered that the investigation was completely proper.

Schand’s lawsuit continues to crawl through the federal court system with continued depositions and trading of discovery. U.S. Magistrate Judge Katherine Robertson in May encouraged lawyers to pursue a settlement, noting that damages for Schand could be “extremely, extremely high.”

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Plaintiff: Jose A. Rivera

PARTIES: Jose A. Rivera v Springfield Police Department



ALLEGATIONS: police brutality



INCIDENT: unknown date



SUMMARY: Rivera filed a hand-written, pro se complaint demanding $1 million from the Springfield Police Department arguing a group of unnamed police officers beat him up for three to five minutes outside his former apartment at the corners of Jefferson and Dwight streets.

His lawsuit alleges he was knocked unconscious, suffered two torn “rotor cuffs,” permanent handcuff scars and was stricken with a muscular disease as a result. He was traumatized by the incident and now fears authority figures, the complaint states.

His current address is MCI Shirley, a state prison, according to the complaint, which was filed June 30.

The city’s answer to Rivera’s complaint is due Sept. 29.

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At left, Rolando Penate's booking photo. At right, an excerpt from his federal lawsuit.

Plaintiff: Rolando Penate

PARTIES: Rolando Penate v. Anne Kaczmarek et al

ALLEGATIONS: Civil rights violations, emotional distress

INCIDENT: Nov. 16, 2011 through June 2017

SUMMARY: Penate filed a $5.7 million lawsuit on Sept. 4, two months after he was released following five years behind bars. Penate's 57-page complaint argues his drug case was tainted by corruption at several levels of government including a police evidence room scandal involving the late Springfield Detective Kevin Burnham, a state crime lab fiasco and a cover-up by state police and attorneys.

A Hampden Superior Court judge in June vacated Penate's conviction, citing prosecutorial misconduct.

Penate is suing 18 city and state officials including former assistant attorneys general, public health officials and state and city police.

No hearings have yet been scheduled in the case and the defendants have not yet had an opportunity to submit responses to Penate's complaint.