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Northampton Man Seeks $700,000 in Damages For False Arrest, Civil Rights Violations
Northampton Man Seeks $700,000 in Damages For False Arrest, Civil Rights Violations
TRIAL COURT
ERIC MATLOCK,
PLAINTIFF,
v.
CITY OF NORTHAMPTON,
NORTHAMPTON POLICE DEPARTMENT,
JODY KASPER, CHIEF OF POLICE,
CLAY DELANO, AN OFFICER
BRENT DZIALO, AN OFFICER
ANDREW CARNEY, AN OFFICER
KENNETH KIRCHNER, AN OFFICER,
ANDREW KOHL, AN OFFICER, AND
DAVID NARKEWICZ, THE MAYOR,
DEFENDANTS.
INTRODUCTION
1
Plaintiff of crimes, attempting thereby to immunize
PARTIES
County.
official capacity.
Defendants.
2
8. The Defendant CARNEY is an employee of the
Northampton.
3.
G.L. c. 212, § 4.
STATEMENT OF FACTS
Northampton, Massachusetts.
3
18. The Plaintiff is of African-American and
native-American ancestry.
Plaintiff.
condition.
4
28. During this time, the Plaintiff was limp and
non-resisting.
5
37. Defendants Delano and Dzialo replied in the
effectively.
6
47. The Northampton District Court was open at
City Hall.
4:30 PM.
of disorderly conduct.
7
55. The next day, Defendant Dzialo submitted an
Kingston, who all told him that the Plaintiff had done
nothing wrong.
peaceful protester.
them separately.
Wright.
8
62. Several expressed annoyance that the protest
Hall.
approached.
unconsciousness or semi-unconsciousness.
Defendant.
9
69. The Defendants Delano and Dzialo grabbed
justification or provocation.
his protest.
from custody."
10
any member of the NPD to establish that the report was
not accurate.
"within policy."
force used."
11
81. On August 25, 2017, the Operations Division
response to resistance."
12
any member of the NPD to establish that the report was
not accurate.
indicates that the spray was used only one time but
handcuffing or restraining."
"within policy."
force used."
13
94. On August 15, 2017, the Training
incident.
14
100. Members of the Northampton Police Department
training.
15
108. The training included a comprehensive
degree of bias.
unpleasant.
16
thereby avoided ever participating in a training
his family.
17
day, approaching him physically, standing close and
asking how he was doing and how his family was doing.
and again about his well being and the well being of
his family.
finger to him.
18
130. The charges were dismissed.
were aware that hash oil is legal and that both swear
expressive conduct.
aftermath.
not a crime.
crime.
19
136. And yet Defendant Kasper still did not
gestures.
on these topics
20
141. Defendant Kasper's failure to train her
herein.
arrest authority.
21
CLAIMS OF ACTION
paragraphs.
described actions.
individual Defendant.
22
Second Claim - Retaliation
(G.L. c. 258, § 2 – Articles Sixteen and Twelve of the
Massachusetts Declaration of Rights)
paragraphs.
individual Defendant.
23
Third Claim
(G.L. c. 258, § 2 – Negligent Supervision - Defendant
Kasper)
paragraphs.
individual Defendant.
24
Fourth Claim
(G.L. c. 258, § 2 – Negligent Supervision - Defendant
Narkewicz)
paragraphs.
individual Defendant.
25
Fifth Claim
(G.L. c. 258, § 2 – Abuse of Process - Defendants
Dzialo, Carney, Kirchner, Kohl)
paragraphs.
damaged thereby.
expressive conduct.
26
171. As compensatory and punitive damages, the
individual Defendant.
Sixth Claim
(G.L. c. 258, § 2 - Defamation by Defendants Delano
and Dzialo)
individual Defendant.
27
Seventh Claim
G.L. c. 258, § 2 - Article 10 of the Massachusetts
Declaration of Rights
paragraphs.
the laws.
28
182. The Plaintiff also demands a handwritten
individual Defendant.
claims so triable.
Respectfully submitted,
Eric Matlock
By Counsel,
____________________________
Dana Goldblatt
150 Main Street, Ste 28
Northampton, MA 01060
P: 413-570-4136
F: 413-301-9761
E: [email protected]
29