In 2016, members of the Fall River Police Department were involved in a criminal investigation of an individual based upon allegations of abuse perpetrated on the individual’s siblings and the neglect of the individual’s mother, who subsequently passed away. After his arrest and criminal conviction, the plaintiff brought suit against members of the Fall River Police Department. The plaintiff claimed, among other things, that he was assaulted by the police, was the victim of fraud perpetrated by the police and that the police improperly caused the destruction of the plaintiff’s personal property.
RJA Attorney Andy Gambaccini removed the case, originally filed in state court, to federal court and later filed a motion to dismiss. In March, 2021, the presiding Judge in the federal court allowed the motion to dismiss, concluding that a number of the plaintiff’s claims were untimely and, for those claims that were timely, the plaintiff had failed to state a viable claim against the defendants.
