SalemNews.com, Salem, MA

Local News

April 17, 2012

Man arrested by mistake sues town

MARBLEHEAD — A Marblehead man has filed a federal civil rights lawsuit against the town and Police Department over his arrest three years ago after he called 911 for help.

Andrew Chapman, who was 62 at the time, called police on April 1, 2009, reporting that a woman he'd obtained a restraining order against was trying to kick in the door to his Pleasant Street apartment.

But when Patrolmen Brandon Finnegan and Dean Peralta and Detective Sean Brady showed up, it was Chapman who found himself in handcuffs, he says in the complaint, filed late last month in U.S. District Court in Boston.

The charges were later dismissed, according to the complaint.

Chapman is alleging that the officers not only violated his civil rights but committed assault and battery by taking him into custody. He further alleges that the town and police Chief Robert Picariello are also liable for failing to properly train and supervise the officers.

Chapman says in the complaint that the episode exacerbated his diabetes and caused emotional distress, depression and humiliation, as he was forced to appear in court, charged with a crime.

Chapman is seeking $200,000 from each of the defendants named in the complaint.

A message left for the police chief was not returned Friday.

Courts reporter Julie Manganis may be reached at 978-338-2521 or jmanganis@salemnews.com.

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