SALEM – The daughter of a Peabody man who died in 2008 while in protective custody at the Peabody police station has brought a civil litigation against the city and its police department for the negligent death of her father.Salem Attorney John Andrews filed the court action Monday afternoon in Salem Superior Court on behalf of Katelyn Lucia of Salem, appointed administratrix of the estate of her father John W. Lucia.The complaint names the city of Peabody, Mayor Michael J. Bonfanti, Chief Robert L. Champagne, along with Peabody Police Officers Gregory Pickering and Richard Kenney Jr., Lt. Scott Wlasuk and Sgt. Arthur Yeo, individually, as defendants responsible for the death of her father.John W. Lucia, a 40-year-old self-employed graphic artist, who resided at 11 Granite St., was found dead in a cell at 7 a.m. on April 27, 2008.The night before at approximately 10 p.m., Peabody Patrolman Justin Cecil responded to a report of two individuals walking in traffic in the vicinity of Lynn and Lynnfield streets in Peabody.Cecil was joined by two officers who took Lucia and Roland Gregoire into custody for being extremely intoxicated.At the station, Lucia was booked by Pickering. Yeo was in charge at the time of the booking, according to court documentation.When the shift changed, Yeo briefed Wlasuk that Lucia was in protective custody and had been partially booked, but had not yet been photographed to complete the booking process.For more than eight hours, Lucia was observed on video lying down in his cell.The complaint alleges that police made no attempt to make physical or verbal contact with Lucia, nor were there any efforts to determine whether there was a detoxification treatment facility available to care for Lucia.Lucia was found dead by Kenney the following morning.An autopsy ruled the cause of death was acute intoxication by the combined effects of ethanol, opiates, methadone and cocaine.The four-count negligent civil complaint accuses the defendants of failing to properly train, test and supervise officers to attend to Lucia’s medical needs, failing to adequately develop or enforce policies and procedures with regard to treatment and care of individuals placed in protective custody and failing to properly monitor Lucia while in protective custody.The lawsuit alleges that Lucia’s death was also caused by their failure to determine the availability of a detoxification treatment facility.Additionally, the complaint accuses them of false imprisonment under the color of law and states that Lucia’s civil rights were violated.A trial before a jury is requested from the court to determine a monetary award of damages.
