Lowell pays $642,000 to former cop for retaliation by police department

Dr. Q

The Lowell Sun reports:

The city recently paid $642,000 to a former Lowell police officer, ending a long-running legal battle the former officer claims began in the late 1990s, when he tussled with a fellow officer who he claimed was “politically connected.”

The payment was made to Robert Alvarez, 55, of Methuen.

Alvarez initially sued the city in January 2006, claiming years of discrimination due to his race. After a 15-day trial and two days of deliberations, a Middlesex Superior Court jury rendered its decision on Deb. 1, 2006. It awarded Alvarez, a 19-year veteran, $15,000 for emotional distress, $60,000 for lost income and $90,000 in punitive damages for retaliation dating back to 1999.

In its verdict, the jury found that the LPD did not discriminate against Alvarez, but did retaliate against him when he filed discrimination claims with the Massachusetts Commission Against Discrimination. The Sun reported at the time that the jury agreed in its verdict that the city’s conduct showed “reckless indifference to others.”

The city, however, appealed the decision, and in December 2011, the Appeals Court stated that the jury “reasonably could have concluded that the department equated Alvarez’s filing of an MCAD complaint with a bad attitude, and then denied Alvarez opportunities and assignments on that basis going forward.”

The Sun was unaware of that ruling until it received a letter earlier this month from one of Alvarez’s lawyers, Matthew Fogelman of Newton.

Read the rest of this article here.

One Response to “Lowell pays $642,000 to former cop for retaliation by police department”

  • gem Says:

    Why has the Lowell Sun reposted this article again under a different title?

    This newly reposted article is missing all the comments. The original article titled “City Payout to former cop $642000” has comments where the actual court documents are discussed in the comment area. It’s amazing how the Lowell Sun fails to include some significant facts of this case.

    The complete appeals court documentation has been posted on the Boston police superior officers federation web site for all to see. Why doesn’t this article address the most significant issues of this case? The Appeals court found that Alvarez provided “ample evidence to support discrimination”. The testimony of Chief Ed Davis and his staff contained “serious inaccuracies” and what the city provided as evidence was “inaccurate and misleading”.

    The Sun reports Alvarez being involved in a “tussle”. What an understatement. When Alvarez corrected Kennedy at the felony car, Kennedy started to cry. Kennedy had an emotional break down and started striking Alvarez. Davis blamed Alvarez and would not conduct an investigation because it would make Kennedy look bad. Kennedy is now a captain. The facts of the case state Ed Davis lied in a deposition in 2001. Alvarez contacted the attorney generals office, under Tom Reilly, to request a criminal investigation of Ed Davis but they refused to do an investigation. Free from criminal prosecution, Davis and his staff went on to lie when testifying at the Alvarez trail in 2006.

    The city did not move on their appeal for six years increasing the case value by $500k. Why? Because the status of limitations for perjury had run out after six years, protecting Davis and the Lowell police. After the city paid out, the Boston police started to address the Alvarez case and Alvarez spoke on a community forum with other police officers addressing Davis’ misconduct. Davis resigned two days after this public forum meeting. The Lowell Sun didn’t think this was significant to print and tried to hide the true by reposting the article.

    Google Robert Alvarez Lowell police, its all there.

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