LUDLOW — A federal civil rights lawsuit that seeks $1 million in damages has been filed against the town, Police Chief Paul Madera and five of his officers.
The lawsuit stems from an incident at plaintiff Thomas Tzikas’ automobile repair garage on July 1, 2013. Officers were called there for a report of a man inside the business after hours with a flashlight. It turned out to be Tzikas.
Contacted on Wednesday, Madera declined to comment.
In addition to the chief, Ludlow policemen named in the lawsuit are sergeants Brian Shameklis and Daniel Valadas and officers Stephen Ricardi, Sean Knox and Brandon Vigneault. Court records show that the lawyer representing the defendants said police acted properly.
Tzikas’ complaint, filed in U.S. District Court by Springfield attorney Dawn D. MacDonald of the firm Cooley Shrair PC, says he is seeking “damages for injuries suffered when he was assaulted and restrained against his will and for no lawful purpose.”
The complaint states that police were called to Delta Foreign Electric, 296 East St., for a report of a man inside with a flashlight after hours. Tzikas was there working late when heard loud knocking and male voices yelling in the rear of the building.
“Plaintiff did not understand what the voices were yelling and he grew nervous and afraid,” the lawsuit states. “He began looking for the phone to call 911 when he heard the yelling now in the front of the building, yelling, ‘Open the door! Open the door!'”
Tzikas announced that he was the owner andunlocked the door. When the officers entered, his lawsuit alleges, they pushed him to the floor and at least two “kneeled on his back, grabbed his arms, yanked them behind his back and put handcuffs on him.”
Tzikas had back problems for which he had previously undergone surgery, his lawsuit states.
Meanwhile a police dispatcher had contacted Tzikas’ brother, a co-owner of the business, who soon thereafter arrived at the garage and identified Tzikas. At that point the officers removed Tzikas’ handcuffs and left, the lawsuit states.
A trial date has not been set.
An amended complaint filed in August by Tzikas’ lawyer also alleges that items police seized from Tzikas at the time, including $97, were never given back.
The day after the incident, Tzikas called the police station and asked to speak to then Lt. Thomas Foye , who was in charge of police evidence at the time.
“During the call, Lt. Foye continuously interrupted Plaintiff and proclaimed that his officers had a very difficult job and praised them for their work the previous evening. Plaintiff then asked Lt. Foye where his $97 was and his missing license. Lt. Foye said, ‘Watch it!’ and proclaimed all his officers were honest and praiseworthy,” the lawsuit states.
In an unrelated matter, Foye was arrested by state police on Aug. 15, 2013, amid allegations he stole drugs from the Ludlow Police Department’s evidence room. He subsequently pleaded guilty in Hampden Superior Court to tampering with substances, two counts of possession of a class B substance (cocaine and Oxycontin) and two counts of larceny of a drug. He was sentenced Oct. 29, 2014, to two years in prison followed by five years probation.
Foye is not a named defendant in Tzikas’ lawsuit.
Source: www.masslive.com
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