Swampscott police sued

BOSTON – An East Boston man, whom a judge and the district attorney agreed was wrongly arrested on weapons charges when returning from a 2011 hunting trip, has sued Swampscott Police in federal court alleging false arrest and malicious prosecution.”(The plaintiff), a law-abiding citizen, with no prior criminal record, in exercise of his Second Amendment right, now has a permanent criminal record, he was forced to deal with the indignity of his arrest, booking, lock up and subsequent arraignment,” the lawsuit alleges.John DiCicco, 35, of East Boston, was arrested and charged with possession of a firearm without a firearms identification card; possession of ammunition without a firearms identification card; and seven counts of possession of a knife +2? inches; on Oct. 11, 2011, according to court documents.Swampscott Police Officer Michael Frayler reported he was on Humphrey Street the night of the arrest when he pulled over DiCicco for speeding. DiCicco told Frayler that he had just gotten back from a hunting trip and had a shotgun and ammunition in the car as well as several hunting knives. Police found that DiCicco had a firearms identification card (FID) that had expired Sept. 19, 2011, but also had paperwork showing that he had renewed the license and paid the appropriate fee, according to the suit.”DiCicco was forthcoming without provocation stating that he had just gone in to renew his FID, but had not received one yet,” Frayler said in his report.Frayler allegedly said that since DiCicco had not filed a renewal application before the original expired, the statutory 90-day grace period did not apply. Sgt. Richard McCarriston questioned that interpretation, apparently agreeing with DiCicco. But Frayler insisted he was the firearms licensing officer and told DiCicco “he was very familiar with the laws.” DiCicco was arrested and held without bail.He pleaded not guilty to the charges in Lynn District Court the next day. A judge released DiCicco on personal recognizance and continued the case to Nov. 9, 2011.The lawsuit said that DiCicco was, “within days,” visited at home by the FBI, who noted DiCicco’s arrest and the proximity of his home to Logan Airport.In a Nov. 7 motion, Essex District Attorney Jonathan Blodgett filed a motion to drop all charges, stating that “(a)lthough the arrest was made in good faith, the charges are not supported.” Blodgett cited the firearms license law stating that a license “shall remain valid for a period of 90 days beyond the stated expiration date on the license.”Lynn District Court Judge Albert Conlon accepted the motion, writing, “the defendant should never been arrested on this matter.”The Commonwealth subsequently filed a motion to expunge DiCicco’s probation record. But former Attorney General Martha Coakley’s Office said the Department of Probation did not have the legal authority to do so … prompting a reference to the character Mr. Bumble who, when informed in “Oliver Twist” that a husband is legally responsible for the actions of his wife, retorts “if the law supposes that – the law is an ass.””Although it is agreed that Mr. DiCicco simply never should have been charged, the Probation Department’s position appears legally correct proving, if nothing else, the perspicacity of Dickens’ Mr. Bumble,” Conlon wrote in a letter informing DiCicco of a hearing on the AG’s decision.The federal lawsuit names The Town of Swampscott, Chief of Police Ronald Madigan, Officers Michael Frayler, Sgt. Richard McCarriston, and Lt. Paul Bartram. It was filed in Suffolk Superior Court in October.The suit asks for a jury trial on 11 counts, including civil rights violations, false arrest, false imprisonment, malicious prosecution, intentional and negligent infliction of emotional distress, and defamation. The latter count stems from DiCicco’s name being in public police logs and printed in newspapers. Madigan allegedly failed to provide appropriate training for officers, and Bartram was the officer in ch