Officer threatened me during a traffic stop; seeking damages and accountability.

Question

During an unlawful traffic stop, the officer threatened to assault me, claiming to smell marijuana and said he would rip me out of the car if I didn't give it up. I told him multiple times that I don't smoke and had nothing in the car. I received a ticket but successfully contested it using body and dash cam footage. Despite filing a complaint, the internal investigation didn't result in any action. I'm experiencing ongoing emotional distress and anxiety due to this incident, and I'm seeking damages and accountability. How can I proceed with a claim for damages, and can threatening assault be considered a criminal act by the officer?

Lissa McKinney · Answer

This seems pretty outrageous as you describe it!  There are other ways to press the complaint, epending on how you already went about it, which you do not describe. You can also file a complaint at the POST Commission here: https://policecomplaints.mass.gov/complaint and let them look into it, or write up the chronology and file a complaint with the Town Manager if the police dept did not take it seriously.  One thing you may want to consider is whether you live in the community where this  officer acted, or drive through it, or are likley to bump into him again.  If any of those things might happen, I suggest you speak to an attorney 1st to determine if there are any pitfalls to filing a formal complaint.  If you have no risk at all, file at POST, and with the Town/Mayor?Manager too so they understand that aggressive behavior by law enforcement is a community responsibility.  Good luck. Great that you had dashboard cams!

James L. Arrasmith · Answer

If you're considering seeking damages for the officer's behavior during the traffic stop, you may have grounds for a civil lawsuit, particularly under the claim of civil rights violations. The officer’s threat to assault you could be seen as an abuse of power or misconduct, which could be addressed through a lawsuit for emotional distress or violation of constitutional rights. Threatening to assault someone during a legal traffic stop could potentially be considered misconduct or even criminal behavior, depending on the specifics of the situation and local laws. 
 
You should start by consulting with an attorney who handles civil rights violations or police misconduct cases. They can help you assess the viability of your claim and guide you on how to proceed with filing a lawsuit, possibly under 42 U.S.C. § 1983, which allows individuals to sue government officials for constitutional violations. 
 
Keep all documentation, including footage, witness statements, and your complaint records, as this evidence could be critical. If you have ongoing emotional distress due to the incident, you may also be able to claim damages for mental anguish. It's important to act promptly, as there may be time limits for filing a lawsuit.

Q: Officer threatened me during a traffic stop; seeking damages and accountability.