Not Too Many Greenwich Citizens Are Aware That About 100 Days Ago A Cos Cob Man Sued The Town Of Greenwich And It's Police Department For Four Million Dollars.
A Cos Cob man recently filed a civil rights suit in Federal Court against the Town , The Former Police Chief and four police officers stemming from an assault and a wrongful arrest.
The suit filed in U.S. District Court in Bridgeport, states that policemen wrongfully arrested Frank A. Bertino after an officers unprovoked attack on Bertino at 322 Palmer Hill Road. The lawsuit seeks 4 Million Dollars in compensatory and punitive damages.
The Town Of Greenwich has filed a response.
According to the lawsuit, Bertino was outside of the home when trying to ask police about the arrest when Lt. James Heavey asked him to wait to be spoken to. As Mr. Bertino moved back another officer grabbed his wrist and attacked him, Screaming that Bertino was resisting arrest.
The officer then threw Mr. Bertino into a bush and then into a wall as other officers started to join in and handcuff Bertino, severely twisting his wrist arm and shoulder in the process.
The police then charged Mr. Berino with breach of peace and interfering with a police officer.
Mr. Bertino has suffered permanent and sever injuries from the incident.
Mr. Bertino's attorney Kevin Coles stated in the lawsuit that Officers Daniel Hendrie, John King and Eric Scorca, as well as, Lt. Heavey failed and refused to properly investigate the situation before arresting Mr. Bertino.
Moreover, attorney Kevin Coles says that Greenwich Police Officers lacked probable cause to make the arrest.
Now here is where it gets interesting.
The lawsuit also states that the Town Of Greenwich and the Greenwich Police Department failed to investigate a misconduct complaint Mr. Bertino filed against the officers.
Once again the Town Of Greenwich and it's Police Department is failing to provide constitutionally protected due process rights to it's citizens that make misconduct complaints about the police department.
Doesn't this sound familiar?
With in two business days of my police misconduct complaint, the illegally appointed Greenwich Police Captain Michael Pacewicz, ruled the complaint unfounded and refused to interview witnesses and myself and my wife.
Mr. Bertino's lawsuit hits the nail on the head when his attorney Kevin Cole writes...
The Town Of Greenwich and the Greenwich Police Departments failure to investigate amounts to deliberate indifference to the safety and the rights of persons.
Of coarse Town Attorney John Wayne Fox just sat on his hands as the Greenwich Police Department refused to insure a proper investigation of Mr. Bertino's police misconduct claim.
Just as Town Attorney John Wayne Fox and Greenwich Police Commissioner Peter Tesei has sat on their hands and refused to insure a proper investigation of my police misconduct claim.
The Town Of Greenwich gets burned in lawsuit after lawsuit, because Town Attorney John Wayne Fox Fiddles Away Like Nero.
I don't want to have to file a massive lawsuit against the Town Of Greenwich and the Greenwich Police Department, but I am left with no option. Town Attorney John Wayne Fox and the weak and ineffectual Police Commissioner Peter Tesei refuse to step up to the plate and insure that a fair, open and honest police misconduct investigation is performed.
Mr. Bertino has suffered permanent physical injuries including a torn rotator cuff, nerve damage and severe emotional distress from nervousness, anxiety and humiliation just because he asked about the arrest of his son.
THIS COULD HAPPEN TO YOUR FAMILY
You could be living in Old Greenwich and a policemen could wrongfully arrested your son after an officers unprovoked attack.
Your son could be outside of the Greenwich Diner trying to ask police about the arrest of a friend when the police asked him to wait to be spoken to. As your son moves back another officer grabs his wrist and attacks him, Screaming that your son was resisting arrest.
The officer then throws your son into a bush and then into a wall as other officers started to join in and handcuff your son, severely twisting his wrist arm and shoulder in the process.
The police then charged your son with breach of peace and interfering with a police officer.
Your Son now suffers permanent and sever injuries from the incident. Looks like there will be no sports scholarship for your son.
Your son could be outside of the Greenwich Diner trying to ask police about the arrest of a friend when the police asked him to wait to be spoken to. As your son moves back another officer grabs his wrist and attacks him, Screaming that your son was resisting arrest.
The officer then throws your son into a bush and then into a wall as other officers started to join in and handcuff your son, severely twisting his wrist arm and shoulder in the process.
The police then charged your son with breach of peace and interfering with a police officer.
Your Son now suffers permanent and sever injuries from the incident. Looks like there will be no sports scholarship for your son.
When you go to file a police misconduct complaint on behalf of your injured son who now has a police record and court date. However, the town and police fail to investigate the complaint filed against the officer who hurt your son.
Your son now suffers from sever emotional distress from nervousness, anxiety and humiliation.
THIS COULD HAPPEN TO YOUR FAMILY
Or maybe, you live deep in the back country of Greenwich and your daughter put up a picture of a Greenwich Police officer sound asleep snoozing away in his police car. She and her friends think the picture is so funny.
As she is driving home on the back roads of Greenwich four police cars pull her over. They start to illegally search your car. The look under the seats, in the glove box and in the trunk. She is terrified and quietly calls you on the phone.
You have to call 911 three times to get a police supervisor down on that dark and lonely road to stop the violations of her rights.
The police were going to write her a ticket to cover up the illegal search, but the supervisor tells the officer to withdraw the ticket.
When you go to file a police misconduct complaint some illegally appointed police captain refuses to investigate the violation of your daughters rights. It's her own damn fault for putting that funny picture of a police officer up on myspace.
One of your daughter friends is outraged at how she and her family is treated. Your daughters friend calls up the Greenwich Time to tell them about the myspace picture and the illegal search that it caused.
The Greenwich Time reporter calls you up in your back country home, and you tell the reporter about the outrage that has occurred to your family.
The police read the report and seek to discredit and humiliate your family for criticising them.
The School Police Officer is checking out her school records, the police talk to your employer and the Tax Assessor needs to inspect and reval your home.
This could happen to you because Greenwich does not have an independent civilian complaint board. The Greenwich Police Department is not held accountable to the citizens of Greenwich.
Without checks and balances keeping the police department honest then your son or your neighbors daughter and everyone else is in danger of deliberate indifference that can affect the safety and rights of you and you neighbors.
The Greenwich Police Department is made up of people. You don't give people absolute power, because absolute power corrupts.
A Civilian Complaint Review Board will protect you and your family from a police department that routinely fails to investigate citizen complaints.
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