PORTLAND, Maine — A civil suit filed Tuesday in U.S. District Court accuses a Portland police officer of using excessive force when arresting two men in September 2012.
The suit alleges that Portland Police Officer Eric McCusker handcuffed the two men on railroad tracks off Canco Road, threatened them, punched one in the jaw and broke the other man’s rib. The handcuffs on one of the men were allegedly so tight that they required bolt cutters to remove at a local hospital.
McCusker’s attorney, Michael A. Cunniff, said Wednesday that his client denies the allegations.
According to the complaint, McCusker responded to railroad tracks off Canco Road the night of Sept. 19, 2012, and arrested Edward Lund of Windham and Jeffrey Staples of Standish on charges of possession of burglary tools.
The two men allege that they thought they were being pursued by drug dealers and hid in tall grass off the tracks. McCusker and a fellow officer, Christian Stickney, located the men with the assistance of a police dog.
According to the complaint, Lund and Staples “cooperated fully with the police commands, did not resist arrest, nor fail to comply in any way. They put their hands in the air as directed. They were not disrespectful. They did everything they were asked to do.”
In the suit they filed against McCusker, Staples and Lund say that after they were handcuffed, McCusker said, “Don’t [expletive] move, [expletive]. My partner has a canine on you. If you [expletive] move, he’ll let that dog go and he’ll chew the skin off your [expletive] faces. He hasn’t eaten all [expletive] day. You [expletive] understand me, [expletive]?”
Staples then allegedly asked, “What, we’re not human beings,” to which McCusker allegedly responded, “Shut the [expletive] up or I will cave your [expletive] face in.”
McCusker then allegedly punched Staples in the jaw, which broke a molar.
He then allegedly put both hands on Lund’s shoulders, “brought his entire body up in the air and brought his right knee down, full force, into the side of Lund’s spine,” the court filing states.
Lund reported feeling a bone break and told McCusker, “You broke my [expletive] ribs. I want a [expletive] ambulance now.” He also allegedly asked for a lawyer and said he would sue McCusker.
“McCusker responded, ‘Get in line,’” the affidavit states.
The lawsuit accuses McCusker of violating the plaintiffs’ constitutional rights, negligence, wanton and excessive force, and assault and battery.
The plaintiffs’ attorney, Robert A. Levine, said Wednesday that he would leave it to a jury to determine the appropriate compensation and or punitive damages.
“According to both of my clients, there was this lone police officer who went berserk,” Levine said Wednesday.
According to Levine, although Staples denied possessing the burglary tools and prosecutors never found Staples’ DNA on the tools, he pleaded guilty to possession of the tools because “it it was a matter of convenience.” Staples, who was on probation at the time of the arrest, was sentenced to time served, Levine said.
While at the Maine Correctional Center, Staples had to have a molar pulled as a result of the alleged assault, Levine said.
Lund, who allegedly suffered a broken rib, pleaded not guilty to the charges, which were dismissed, according to Levine.
Levine said he’s confident he will be able to prove the allegations.
“To me, that’s excessive force,” he said. “He’s not supposed to be able to beat up handcuffed, defenseless men and leave them with broken bones.”
Cunniff said he could not comment on a pending federal trial, but said the formal answer he would file in court would “categorically deny” the charges. He said McCusker was exonerated after a Portland Police Department internal affairs investigation.
Jessica Grondin, spokeswoman for the city of Portland, said Wednesday that police could not comment on pending litigation. She did not immediately respond to a question about any internal investigation.
However, she said, “Officer McCusker is still an employee in good standing in the city of Portland.