Post by Shuftin on Jan 16, 2007 2:04:57 GMT -5
January 14, 2007
By John Ferro
BEACON — The City of Beacon has settled a federal lawsuit that claimed two of its police officers assaulted a 17-year-old suspect while he was in handcuffs in the police stationhouse.
The lawsuit alleged Officer Frank Pompilio twice punched Samuel A. Parker in the face, and former Officer Shawn Barry held Parker up so Pompilio could do it. Parker filed the lawsuit in 2005, naming Pompilio, Barry and the city as defendants.
The lawsuit was settled Monday, four years to the day after Parker was taken into custody. Both sides agreed not to discuss the amount paid to Parker.
"In my opinion, it was a very favorable settlement," Parker's lawyer, Scott A. Korenbaum, said. "Those were two very expensive punches."
John J. Walsh, the White Plains attorney who represented the city, described the settlement as "mundane." He said the city settled to avoid the "vagaries of litigation."
"One never knows what a jury will do," Walsh said. "Our society is such that anyone can bring any lawsuit any time they want. We were satisfied with the settlement."
Beacon Mayor Clara Lou Gould declined to comment.
Pompilio said settling the case "is the city's decision" and declined all other comment. In an interview with the Poughkeepsie Journal last year, Pompilio denied any wrongdoing.
Barry is now a police officer in the Village of Walden in Orange County. He could not immediately be reached.
Parker, now 21, was char-ged with misdemeanor counts of possessing a weapon, possessing a controlled substance and resisting arrest. He later pleaded guilty to disorderly conduct, a violation.
A woman answering the phone at Parker's address said she was Parker's mother and declined comment. Parker could not be reached.
Parker's lawsuit was one of at least four federal lawsuits filed against the police department. Three remain pending, including two in which Pompilio is named as a defendant.
Four former and current officers have filed a harassment and discrimination lawsuit against Pompilio, Barry and several police supervisors.
Another lawsuit alleges officers Christian Alencastro and Richard Sassi Jr. used excessive force when they arrested Gerald McNair on a traffic violation in 2002. Sassi Jr. is the son of the department's former police chief, Richard Sassi.
Beacon resident Daniel Searles filed a lawsuit in 2002 accusing Pompilio of attacking him in court in 2001. Searles' suit names Pompilio and the city as defendants. It sought $2.5 million in damages, but has been amended. Searles is now seeking $5 million.
The suit claims on Sept. 4, 2001, Searles appeared at Beacon court to respond to a traffic violation issued by Pompilio. When Searles refused to plead guilty to the ticket, Pompilio became verbally abusive and then attacked Searles, the suit alleges.
Searles was charged with disorderly conduct, resisting arrest and other charges. He later was acquitted of those charges in Wappinger town court.
Transcripts to be unsealed
In a recent decision, Judge Stephen C. Robinson ordered the transcripts from the Wappinger trial be unsealed. Defendants found not guilty have the right to have court records sealed.
"Part of proving malicious prosecution involves showing that trial, the criminal trial, ended favorably," Searles' lawyer, Russell Schindler, said.
Searles said he is still suffering from physical ailments related to the incident.
"You can't appreciate how much I have been damaged," he said. "I can hardly use my arm. My back hurts all the time. I walk with a limp."
Searles said he received $2,000 from the New York state Crime Victims Board to be used toward his medical bills, but will have to refinance his home to pay for an upcoming surgery.
www.poughkeepsiejournal.com/apps/pbcs.dll/article?AID=/20070114/NEWS05/701140332/1009
By John Ferro
BEACON — The City of Beacon has settled a federal lawsuit that claimed two of its police officers assaulted a 17-year-old suspect while he was in handcuffs in the police stationhouse.
The lawsuit alleged Officer Frank Pompilio twice punched Samuel A. Parker in the face, and former Officer Shawn Barry held Parker up so Pompilio could do it. Parker filed the lawsuit in 2005, naming Pompilio, Barry and the city as defendants.
The lawsuit was settled Monday, four years to the day after Parker was taken into custody. Both sides agreed not to discuss the amount paid to Parker.
"In my opinion, it was a very favorable settlement," Parker's lawyer, Scott A. Korenbaum, said. "Those were two very expensive punches."
John J. Walsh, the White Plains attorney who represented the city, described the settlement as "mundane." He said the city settled to avoid the "vagaries of litigation."
"One never knows what a jury will do," Walsh said. "Our society is such that anyone can bring any lawsuit any time they want. We were satisfied with the settlement."
Beacon Mayor Clara Lou Gould declined to comment.
Pompilio said settling the case "is the city's decision" and declined all other comment. In an interview with the Poughkeepsie Journal last year, Pompilio denied any wrongdoing.
Barry is now a police officer in the Village of Walden in Orange County. He could not immediately be reached.
Parker, now 21, was char-ged with misdemeanor counts of possessing a weapon, possessing a controlled substance and resisting arrest. He later pleaded guilty to disorderly conduct, a violation.
A woman answering the phone at Parker's address said she was Parker's mother and declined comment. Parker could not be reached.
Parker's lawsuit was one of at least four federal lawsuits filed against the police department. Three remain pending, including two in which Pompilio is named as a defendant.
Four former and current officers have filed a harassment and discrimination lawsuit against Pompilio, Barry and several police supervisors.
Another lawsuit alleges officers Christian Alencastro and Richard Sassi Jr. used excessive force when they arrested Gerald McNair on a traffic violation in 2002. Sassi Jr. is the son of the department's former police chief, Richard Sassi.
Beacon resident Daniel Searles filed a lawsuit in 2002 accusing Pompilio of attacking him in court in 2001. Searles' suit names Pompilio and the city as defendants. It sought $2.5 million in damages, but has been amended. Searles is now seeking $5 million.
The suit claims on Sept. 4, 2001, Searles appeared at Beacon court to respond to a traffic violation issued by Pompilio. When Searles refused to plead guilty to the ticket, Pompilio became verbally abusive and then attacked Searles, the suit alleges.
Searles was charged with disorderly conduct, resisting arrest and other charges. He later was acquitted of those charges in Wappinger town court.
Transcripts to be unsealed
In a recent decision, Judge Stephen C. Robinson ordered the transcripts from the Wappinger trial be unsealed. Defendants found not guilty have the right to have court records sealed.
"Part of proving malicious prosecution involves showing that trial, the criminal trial, ended favorably," Searles' lawyer, Russell Schindler, said.
Searles said he is still suffering from physical ailments related to the incident.
"You can't appreciate how much I have been damaged," he said. "I can hardly use my arm. My back hurts all the time. I walk with a limp."
Searles said he received $2,000 from the New York state Crime Victims Board to be used toward his medical bills, but will have to refinance his home to pay for an upcoming surgery.
www.poughkeepsiejournal.com/apps/pbcs.dll/article?AID=/20070114/NEWS05/701140332/1009