BOSTON -- The Chelmsford Police Department and one of its officers stand accused of using excessive force during a domestic dispute in 2008, according to a federal lawsuit.
Attorney Jeremey Silverfine, who represents the police and Officer Jason Callahan, wrote in court documents that police acted properly.
Silverfine wrote, "Whether the force used to effect a particular seizure is reasonable must be judged from the perspective of the reasonable officer on the scene, rather than 20/20 vision of hindsight."
But attorney Frederic V. Gilgun Jr., who represents plaintiff William Whitworth, argued in court documents filed Friday, "Whether the force used by Callahan was reasonable must be viewed objectively in light of the facts and circumstances confronting him."
The lawsuit seeks $250,000 in damages. A status/scheduling conference is scheduled for Thursday in U.S. District Court. No date has been scheduled to hear the motion for summary judgment.
Whitworth alleges Callahan struck Whitworth's forearm with his baton and struck him with the baton on the back shoulder while Whitworth was in a defenseless position. Callahan also allegedly jumped on Whitworth's back with both knees and fastened the handcuffs so tight that Whitworth suffered bruising and swelling to his hands.
"Whitworth did not pose an immediate threat to the safety of the officers or others," Gilgun wrote.
But Silverstein counters, "None of these claims make out a claim for excessive force." Callahan's partner testified that Callahan, in his opinion, acted in accordance with the department's use-of-force policy.
The civil-rights lawsuit filed in May in U.S. District Court alleges that Callahan struck Whitworth in the chest and slammed his club into Whitworth's forearm and shoulder during an incident on Oct. 19, 2008, at a Delmore Drive home. Whitworth, whose address is listed in court documents as 19 Chestnut Ave., alleges that he suffered tendinitis, synovitis and bursitis in the shoulder because of the assault, underwent chiropractic treatment for two months and suffers daily pain.
According to court documents, Chelmsford police responded at 4:15 p.m., to a boyfriend-girlfriend domestic assault on Delmore Drive involving Whitworth's daughter, Cara Harper, and her boyfriend, William McTighe. Harper told police she had a verbal argument with her boyfriend over a car. While police were called, the building's landlord also contacted Whitworth.
Police report Whitworth had to be physically restrained from going into the house to attack McTighe. According to court documents, they told him to return to his car but he instead began banging on the windows of the house and yelling profanities.
At one point, Whitworth and McTighe began fighting as officers tried to separate them. Court documents say Callahan told Whitworth to let go of McTighe or he would use his baton. Neither man disengaged, so Callahan used his baton to strike Whitworth on the forearm. After being struck, Whitworth released his grasp and was handcuffed.
Whitworth was charged in Lowell District Court with assault and battery, disorderly conduct and resisting arrest. On Jan. 16, 2009, Judge Kevin Gaffney dismissed the charges of assault and battery and disorderly conduct at the recommendation of prosecutors.
Whitworth admitted to sufficient facts to the charge of resisting arrest, and his case was continued without a finding until July 16, 2009.
While on probation for those six months, Whitworth was ordered to complete an anger-management program.
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