Man files suit vs. Revere cops for alleged rough arrest

REVERE – A Beachmont man is suing the city of Revere and three police officers for an unspecified amount of money after one of the officers allegedly punched him in the face and arrested him on bogus charges during a traffic stop one year ago.Attorneys on behalf of Ferdy Argueta, 37, filed the lawsuit Monday in U.S. District Court in Boston.The suit alleges that Argueta was driving home from work at about 11 p.m. on Feb. 10, 2008 on VFW Parkway when a Revere police officer tried to pull him over by flashing the cruiser’s lights and sirens.Thinking the police car was trying to pass him, Argueta says he pulled to the left hand side in order for the officer to pass in the right lane.When the officer never passed and kept following Argueta for approximately a quarter of a mile, he says he finally pulled over in the breakdown lane on the right hand side.The lawsuit says Patrolman Joseph DeLeo approached the passenger’s side window and ordered Argueta out of the car.Patrolmen Mark Birritteri and Lynn Romboli approached Argueta’s car at the driver’s side door, the lawsuit said.”In exiting the truck, Mr. Argueta opened his driver’s side door in a normal fashion, and did not strike, or attempt to strike Officer Romboli with the door,” a copy of the lawsuit stated.Argueta alleges that as he began exiting the car, DeLeo and Romboli grabbed him by the arms and forcefully led him to the police car that was parked behind his truck.The officers allegedly questioned Argueta and repeatedly asked him if he was drunk. Argueta says he continually answered that he was not intoxicated and was driving home from his job at Worldwide Flight Services in East Boston, adding that he was wearing his work uniform at the time.Upon making this statement, DeLeo allegedly told Argueta, “You’re not going to work tonight? You’re under arrest,” according to the lawsuit.Argueta says he was handcuffed with his hands behind his back. Then, DeLeo allegedly punched him in the face and said, “admit it” and again accused Argueta of being intoxicated.The lawsuit says Argueta never once struggled or argued with the officers.The Item’s police log indicates Argueta was arrested and charged with assault with a dangerous weapon, failing to stop for police and resisting arrest.Mayor Thomas Amborosino said Tuesday night he was not aware of the lawsuit but said the city would likely fight the allegations, adding “The officers have good records.””I don’t know the specifics of the case,” he said. “I’m sure we’ll defend it aggressively.”Amborosino says the city encounters “two to three” wrongful arrest lawsuits every year on average.When the mayor was asked if he was worried about the regularity of lawsuits and complaints of police misconduct, including a case from October when Officer Joseph Rizzutti allegedly assaulted an elderly and cancer-stricken man during a Park Avenue traffic stop, Amborosino said that he was.”I’m concerned if the officers engaged in conduct that is improper, but we get sued on a regular basis by people who allege civil rights violations,” Amborosino said. “Most of the cases don’t have merit.”Attorneys Stephen Hornes, Jessica Hedges and Michael Tumposky of the Boston firm Hornes, Garrity and Hedges are representing the plaintiff. They are suing the city and all three officers for monetary damages based on the alleged incident.Count One of the lawsuit says the officers violated Argueta’s Fourth and Fourteenth Amendment rights in the U.S. Constitution by allegedly conducting an unreasonable seizure and using excessive force.Count Two of the lawsuit accuses the City of Revere for failing to train its police officers on the use of excessive force and arrest procedure, failing to properly supervise its officers and failing to punish officers who violate the rights of citizens.Count Three of the lawsuit accuses all three officers involved of violating the plaintiff’s civil rights “through threats, intimidation and coercion.”Police Chief Terence Reardon could not