PORTLAND – A federal jury has found that a Lewiston police officer did not use excessive force during a disorderly conduct arrest.
The eight-member jury deliberated 90 minutes Wednesday before unanimously clearing Officer Thomas Murphy of brutality allegations after a three-day civil trial in U.S. District Court.
“In the end, I told the truth and that won us the case,” Murphy said.
Plaintiff David Moore’s attorney, Michael Waxman, attributed the jury’s decision to the fact that Moore cursed at the officers before they arrested him and that he has a criminal record for felony theft.
“It sends a bad message in my view,” Waxman said. “It tells officers they can do whatever they want to people who use a little profanity.”
Murphy was among a number of officers called to a Sabattus Street bar on Nov. 3, 2001, to break up a fight.
Moore, 49, claimed that he witnessed Murphy make a brutal arrest. When Moore complained, he said Murphy wrestled him to the ground and broke his wrist while handcuffing him. Moore sued for unspecified damages.
Murphy and other officers said the force used against him was necessary to bring him under control.
“This is very stressful on the officers,” Lewiston Police Chief William Welch said. “I just felt that this would be the outcome all along.”
Waxman said the officers overreacted but Edward Benjamin, Murphy’s lawyer, said Moore started the trouble and ignored warnings from officers to leave before his arrest. He said no witness at the scene supported Moore’s report of the brutal arrest.
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