Police did not care who suffered in jail as long as the person was of Hispanic heritage
A local man who spent a Thanksgiving holiday in the police station lockup because officers allegedly mistook him for a fugitive is suing the town for more than $20 million. The suit claims that on the evening of Nov. 26, 2003, Officer Kenneth Jones entered Modesto Montero's Bellingham home and cuffed his hands behind his back. The officer charged he was actually Gumercindo Montero, a man wanted by Pennsylvania authorities for parole violation. Officers allegedly ignored Montero and his family when they insisted he was not the wanted man and is not related to him either. Montero was held more than 40 hours before police acknowledged their mistake. "There were malicious and vicious acts perpetuated by Bellingham police officers, who did not care who suffered in jail as long as the person was of Hispanic heritage," the suit states. As a result, the lawsuit states, Montero was "deprived of rights and privileges secured by the Constitution and laws of the United States, including freedom from use of excessive force, freedom from unreasonable search, freedom from unlawful arrest, freedom from intimidation and humiliation, freedom from unlawful confinement, false imprisonment and right to due process of law." Both the town and Jones are named as defendants. Montero's lawyer said "It's just inexcusable," he said. "They came to his house the night before Thanksgiving, pounded through the door, and put him in handcuffs, with a house full of relatives watching. They held this man for two days for no reason, and there's no response -- no apology, nothing." The lawsuit, filed Dec. 8 in Boston's federal district court, states Montero does not match the physical description of the fugitive, who is six inches taller and has a scar on his chin. It also says Bellingham police had a mug shot "that in no way resembled Modesto Montero." The mistake was not rectified until Montero faced arraignment in Milford District Court two days after his arrest. A judge ordered police to immediately check his fingerprints against those of the wanted man; they did not match. The court then released him, with an apology. [more]