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Suit says 4 officers violated rights
Taunton arrestee alleges assault
By John R. Ellement
Globe Staff

Three Taunton police officers and the department’s chief are being sued for allegedly violating the civil rights of a man who was physically assaulted while being booked for a disturbing the peace charge in 2014, according to court records.

One of the officers, identified as Robert Kramer, is now facing his third federal lawsuit alleging he violated the civil rights of a person, according to the lawsuit, filed in US District Court by Boston attorney Howard Friedman.

According to the lawsuit, Joseph O’Brien was arrested by Kramer and a second officer, Ralph Schlageter, on June 1, 2014, after O’Brien cursed at the two men, who were in plain clothes and allegedly failed to immediately identify themselves as police officers.

O’Brien was then transported to the Taunton police station, where the booking was captured on surveillance video. O’Brien, Kramer, Schlageter, and a third officer, identified in court papers as Jeffrey Martin, were present.

According to the lawsuit, Kramer physically assaulted O’Brien without provocation, including kneeing him in the head as O’Brien was lying on the ground.

“Defendant Kramer yanked Mr. O’Brien’s arm around his neck, pushed him into a counter, and eventually pulled him to the ground,’’ according to the lawsuit. “With assistance from Defendants Ralph Schlageter and Jeffrey Martin, Defendant Kramer gave Mr. O’Brien several knee strikes to his head, causing a concussion.’’

The lawsuit names all three officers, along with Chief Edward Walsh.

Walsh hired three investigators to review Kramer’s actions. Two of the three faulted Kramer’s actions, but Walsh declined to discipline Kramer because of the disagreement between experts, according to the lawsuit.

Taunton Mayor Thomas Hoye, through an aide, declined to comment Thursday.

Walsh did not immediately respond to an e-mail and telephone call seeking comment.

Following the 2014 incident, O’Brien was charged with disorderly conduct, resisting arrest, and assault and battery on a police officer, according to the lawsuit.

In March, O’Brien was acquitted by a Taunton District Court jury of assault and battery on a police officer and disorderly conduct. The resisting-arrest charge was dismissed before trial, the lawsuit says.

The surveillance video of the incident has been posted on YouTube by Friedman’s law firm.

In 2009, Friedman’s firm sued Kramer and the City of Taunton on behalf of Celinda Kaye, who claimed Kramer assaulted her in 2007 while he was making an arrest in front of her home.

The case was settled in 2009 for an undisclosed amount, according to court records.

Kramer was sued a second time in 2015 for allegedly violating the rights of Rosemary Jenkins, who contends in court papers that Kramer and several other officers forced their way into her apartment, where she was physically assaulted.

That lawsuit, which also names the chief and Schlageter, is pending, according to court records. Jenkins is represented by Springfield attorney Anthony I. Wilson, according to court records.

John R. Ellement can be reached at ellement@globe.com. Follow him on Twitter @JREbosglobe.