Excessive Force Trial Begins Tuesday for Hampton Police

The U.S. District Court trial against two Hampton police officers and the town itself begins Tuesday as a Massachusetts man attempts to prove the officers used "reckless and unreasonable" excessive force while "falsely" arresting him outside a Hampton Beach bar.

Arresting officers Steven Tousignant and Robert Turcotte are set to appear as defendants because they allegedly "slammed" Frederick Fortin, of Haverhill, to the ground on Aug., 23, 2009. 

Jury selection for the trial begins Tuesday, while evidence will be presented on Monday, Dec. 9, according to court staff.

Fortin has sued the officers and the town for $74,999 to cover medical bills. The suit, in which three of the eight charges were recently dismissed by a U.S. District Court judge, also seeks punitive damages for false arrest and illegal imprisonment, alleged assault and battery, excessive force and violations of his first amendment and civil rights during the incident, which took place outside Stacy Jane's Grille and Bar.

Recently retired Hampton Police Department prosecutor Joe Galvin was also named in the original suit, although court records indicate a judge recently dropped him as a defendant. 

Court records indicate there was insufficient evidence to support claims that Fortin's arrest came after Galvin allegedly approached Fortin from behind when Fortin was trying to leave an area outside Stacey Jane's, stating "I'm Officer Joe Galvin and I'm the town of Hampton prosecutor. What do you think of that?" before one of the other officers slammed the man to the ground.

Fortin was arrested after allegedly questioning why the officers were forcing smokers to leave an ally next to the building. The man allegedly suffered a rib and vertebral fracture and a torn rotator cuff during the incident.

The town and police department have admitted the arrest took place, although they have denied the other allegations and have claimed Galvin wasn't even present during the incident. 

Brian Cullen, a lawyer from Nashua-based Cullen Collimore representing the officers and the town, has claimed that Fortin was arrested for causing a disturbance and yelling and swearing at officers while they tried to move bar patrons along on Aug., 23, 2009.

Ken Murphy, a Portsmouth attorney representing Fortin, couldn't be reached for comment Monday.