Epileptic Says Mass. Cops Broke His Back During Seizure

March 29--CHARLTON -- A man who has epilepsy is suing the town and three police officers who allegedly "manhandled" him while he was having a seizure in his home.

Plaintiff Michael E. Lachance alleges Sgt. Keith R. Cloutier and Officers Timothy A. Smith and Jason F. White assaulted and battered him, and the town was negligent and violated his civil rights and the federal American with Disabilities Act, according to a lawsuit, which was recently transferred to U.S. District Court.

Mr. Lachance said the officers injured his back, and he questions the officers' training concerning medical incidents.

In the lawsuit filed by lawyer Hector E. Pineiro of Worcester, Mr. Lachance said he was diagnosed with an acute compression fracture of two thoracic vertebrae as a result of his encounter with police. In a jury trial, the plaintiff seeks "in excess" of $100,000, including $54,000 in medical expenses, from the three officers and the town.

The officers responded to Mr. Lachance's house in the early morning hours of Jan. 4, 2014.

Mr. Lachance's wife, Kimberly, called 911 after she awoke and found her husband in bed shaking and making gurgling sounds, the lawsuit said. She tried to help him to the bathroom, but he fell. Mr. Lachance continued shaking and appeared to have difficulty breathing, according to the complaint, which notes that Mr. Lachance had not experienced or been diagnosed with seizures before.

The complaint said Mr. Lachance was unarmed and had no idea who the officers were or what was happening. He moved toward his living room, where officers surrounded and tried to restrain him, the lawsuit said.

Paramedics called out that Mr. Lachance was "seizing," the lawsuit states.

Two officers pushed him into a recliner with such force the recliner flipped backward onto the tile of the nearby kitchen, the report said. An officer fell on top of Mr. Lachance.

As the officers tried to handcuff him, Mr. Lachance screamed for help and asked what he had done wrong, the complaint said.

Mr. Lachance lay on his stomach as an officer pulled his arm to apply handcuffs and another officer straddled Mr. Lachance's legs. The third officer kneeled on the center of Mr. Lachance's back. After Mr. Lachance was handcuffed he was placed in a supine position and seated in an EMS stretcher. The officers duct-taped his handcuffed hands and feet. Mr. Lachance was then taken to UMass Memorial Medical Center in Worcester.

Mr. Lachance was hospitalized four days.

The lawsuit asserts that "no reasonable officer would have manhandled Mr. Lachance" in the manner he was that night.

Before Mr. Lachance's arrest, the American Epilepsy Foundation issued a primer for first responders and law enforcement officers to recognize and respond appropriately to signs and symptoms of epilepsy, the lawsuit said.

In an interview, Mr. Pineiro said his client has "recovered quite a bit, but he still has problems with his back."

The lawyer also noted his concern about there being "very little in the way of a police report."

Mr. Lachance was not charged, although his lawyer notes that, "many times there are charges" in these types of cases.

Mr. Pineiro said officers hadn't been called to the home previously.

"It's essentially an issue having to do with training," Mr. Pineiro said. "To get that type of injury, to get a broken back, you need a lot of force."

Town Administrator Robin L. Craver said the town could not comment on pending litigation.

Interim Police Chief Daniel R. Charette said he had no comment.

Town lawyer Douglas I. Louison said in an interview he "removed" the case from state court on behalf of his clients because the federal claims by the plaintiff created federal jurisdiction.

Mr. Louison said his investigation into the night in question found that "the police acted appropriately in response to the call for services."

The lawyer said his investigation also showed that the officers in fact used minimal force, and that the level of force was appropriate given the circumstances. He said the injuries as alleged in the complaint were not caused by any police personnel.

(c)2017 Telegram & Gazette, Worcester, Mass.