Police detectives face excessive force lawsuit

PORTLAND – A South Portland man has filed notice that he plans to sue two Portland police detectives who already face felony assault charges for allegedly beating a drug suspect.

In a notice served with the city, James J. Ellis accused Detectives Patrick DeCourcey and Brian Regan of arresting and beating him without provocation on Sept. 27, 2002, in the Old Port.

Ellis, 40, said the officers assaulted him while he was facedown on the ground after two bouncers refused to let him enter the Iguana on Wharf Street.

He is claiming damages – including a cut above his eye that required stitches – of more than $30,000.

According to the claim, Ellis was charged with assault, disorderly conduct and refusing to submit to arrest, but the charges were dismissed.

DeCourcey’s attorney, Richard Berne, said the claim is baseless. Ellis never filed a complaint with the police department, which Berne said calls into question Ellis’ motives and reliability.

“Perhaps this fellow had been reading the newspaper and decided, here’s an easy score. Let’s take a shot at someone who’s down,” Berne said.

DeCourcey and Regan were charged in November with assaulting Michael Esposito last Sept. 26 while he was handcuffed. Esposito, who is now in jail on a cocaine trafficking charge, has filed a $4.8 million notice of claim against the city.

The detectives are on leave without pay pending the outcome of those charges.