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Family Names 33 Officers in Wrongful Death Suit

Family Names 33 Officers in Wrongful Death Suit

The AP via YellowBrix

January 27, 2010

Steve O’Connell, a spokesman for Essex District Attorney Jonathan Blodgett, declined to comment on the lawsuit, but said the investigation into Howe’s death was continuing.

A spokesman for state police did not immediately return a call seeking comment.

The lawsuit, which seeks unspecified monetary damages, claims that Howe was beaten after traveling to North Andover from his home in Worcester with two friends to buy a speedboat.

According to the lawsuit, Howe, a passenger in the pickup truck, was smoking a marijuana cigarette when the three men approached the checkpoint. Seeing the police, Howe tried to put out his cigarette and fasten his seatbelt.

The suit claims that a state trooper approached the front passenger side of the truck, where Howe was sitting, and ordered Howe and the driver out of the truck. Howe held both hands up and tried to explain that the cigarette was all he had in his hands, according to the suit.

The suit claims that the trooper then “forcefully removed Kenneth from the truck and screamed, ‘He assaulted me!’”

“At that point, between approximately 10 and 20 law enforcement officers swarmed on Kenneth,” the lawsuit states.

The lawsuit cites a series of 43 photographs taken by a photographer from The Eagle-Tribune newspaper allegedly showing Howe face-down on the ground surrounded by police officers, some of whom are on top of him and restraining him.

The lawsuit says Howe was dragged to a state police cruiser and taken to state police barracks. He later was taken to Lawrence General Hospital and was pronounced dead shortly after midnight on Nov. 26.

The lawsuit alleges that police used excessive force and were slow to provide medical services.

King called on the U.S. attorney’s office to investigate Howe’s death, saying it is “nothing short of absurd” for state police within the state prosecutor’s office to investigate the actions of other state police.

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  • Pug_max600_max50

    DALLASCRANE

    over 4 years ago

    19382 Comments

    “It’s a tragedy for his family and friends. Everybody regrets that it happened, but no police officer murdered him or tried to. It was a struggle and he passed away. Blame everyone and maybe you can walk away with some $money.

  • Photo_user_blank_big

    Anonymous

    over 4 years ago

    A subject with a heart condition, and intoxicated, got in a fight with officers. The subject then died. Oh yeah this is really the cops fault......NOT. It amazes me that any judge worth a plug nickle would hear this. I feel for the family, but this is not the way to go to try to start the healing. It is just the opposite.

  • Photo_user_blank_big

    Anonymous

    over 4 years ago

    A subject with a heart condition, and intoxicated, got in a fight with officers. The subject then died. Oh yeah this is really the cops fault......NOT. It amazes me that any judge worth a plug nickle would hear this. I feel for the family, but this is not the way to go to try to start the healing. It is just the opposite.

  • Anonymous-killer-whale-232189_1__max50

    Whalewatcher

    over 4 years ago

    11224 Comments

    Because this suit is filed in Mass., one of the most liberal states in the country(my home state, no less), the family might actually get a favorable judgement out of this. Aside from that, 33 cops beat him ?!?!? Just another family looking for a scapegoat because the victim made a bad choice. I am truly sorry the man died, but it was due to his poor decision. I'll give long odds on big money he died from a heart attack due in part to the heart disease he had, and his resisting arrest.

  • Cars---mater-02_max50

    chrissanders

    over 4 years ago

    5232 Comments

    He should not have resisted. Who is to say that he didnt already have some of his injuries before he was even stopped. He could have gotten into a fight before he got stopped. I hate that the man died. Someone seems to always try to find a way to benefit from an unfortunate event.

  • D_c_8_27_nov_07_041_max50

    Gearhart

    over 4 years ago

    344 Comments

    Sorry this guy died, but had he not resisted he probably wouldn't have been struck. And as so many others have said, when you resist arrest, its kind of a procedure for you to get placed on the ground and then in cuffs. That's what happens when you fight with the police, the death was an unfortunate side-effect. But trying to hold a LEO, let alone 33, responsible for the subject's criminal actions is insane, even though they will probably reach a very hefty settlement.

  • Photo_user_blank_big

    Anonymous

    over 4 years ago

    Looks like some one is looking for some deep pockets to pick.

  • Apd2_max50

    joshua55

    over 4 years ago

    326 Comments

    so they are really going to think that someone was beaten to death and not one of the 33!! officers said anything? Another family looking to make a good buck

  • Photo_user_blank_big

    FlyingDutchman

    over 4 years ago

    178 Comments

    hmmm, somehow 33 people had custody of him and are now civilly responsible....

  • Jpd_new_max50

    PETE114

    over 4 years ago

    1396 Comments

    Typical story. Guy thinks he's above the law. Guy fights with the law. Guy loses. Guy (or idiot's family) sues everyone because people who were against him/her were wrong. Another frivilous lawsuit. Lawyers win.

  • Spartan_cops_max50

    Lawful_Blue

    over 4 years ago

    1184 Comments

    Maybe this "grown adult" shouldn't have been smoking marijuana in the first place!!

    A waste of time as the family will get NOTHING.

  • Justice-400_max50

    clobster

    over 4 years ago

    1552 Comments

    Whatever. Sue all you want, it doesn't mean it's justified or you'll win.

  • Image_max50

    usa_24

    over 4 years ago

    5022 Comments

    Sounds like this guys wife was looking for a lawsuit. I would like to hear the officers side of the story before I go saying anything else.

  • Evil_max50

    Scurge

    over 4 years ago

    1232 Comments

    When you resist the police you end up on the ground face down with officers on top of you restraining you.

  • Sfa_iv_max50

    revCCBeasley

    over 4 years ago

    2944 Comments

    Missing enough information to respond......I am sorry the young man died.

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