The parents of a teenage skateboarder arrested this summer may take the City of Auburn to court over the incident.

Mary Lou Picciano filed a notice of claim Monday on behalf of her son Richard Picciano, 16, stating that he was "falsely arrested for skateboarding and resisting arrest ... was falsely imprisoned and detained by officer (Stephan) McLoughlin and other officers, agents and employees of the City of Auburn" and "unreasonably and unnecessarily assaulted and battered by officer Stephan McLoughlin, who was acting in the course and scope of his employment with the City of Auburn Police Department."

"I'm not going away," Picciano said. "I want to ensure that my son gets a fair trial. I'm protecting my son's rights. I want to know why it happened and why the city hasn't done anything."

Richard Picciano was charged with resisting arrest on Aug. 4 after Auburn police officer Stephan McLoughlin ticketed him for skateboarding in front of City Hall. The teen, and four friends who were with him at the time, denied they were riding their skateboards, and say that excessive force was used during the arrest.

Mrs. Picciano said her son plans to plead not guilty when he appears in city court.

"He'd rather go to jail than admit something he didn't do."

Picciano said she wouldn't have filed the claim if the case had been handled differently.

"Actually it's pathetic. All I wanted was four things: discussion; admittance (that the police handled the incident in an inappropriate manner); an apology; and my son's fingerprints and mugshot back."

According to the notice of claim, Richard Picciano was waiting with his friends for a ride on the steps of City Hall Aug. 4 at about 8 p.m. when they were approached by McLoughlin and told that they should not be there. When told that they were waiting for a ride, McLoughlin exited his car and asked for their names.

The claim states that Picciano had his board under one of his feet. McLoughlin told Picciano that he was under arrest, placing his right hand in cuffs. When Picciano turned toward the police and asked why he was being arrested, McLoughlin "unreasonably and unnecessarily struck [him] and applied pepper spray." McLoughlin then knocked Picciano "to the ground and put his knee into Richard's back." McLoughlin then threw Picciano against the car.

The claim also states Picciano sustained injuries to the mouth, nose, and eyes from being pepper sprayed and then assaulted.

The arresting officer's report tells a different story. McLoughlin wrote that he "observed Picciano in the area of the front steps riding his skate board." When the officer went to speak with the group, "Picciano took a step towards (McLoughlin) and tensed his body." McLoughlin then informed Picciano that he "was under arrest for skateboarding in a prohibited area and Picciano resisted arrest." A "short struggle" ensued during which Picciano "received pepper spray." He was then arrested and transported to police headquarters, where he was processed and then released into his mother's custody on an appearance ticket.

McLoughlin received back-up support in the arrest from another officer, named Butler, who was in the area and heard McLoughlin transmit on his radio.

In his report, Butler wrote that he "asked P.O. McLoughlin if he was 'all set' and he transmitted what sounded like 'he's resisting.'"

When Butler pulled up to city hall, McLoughlin had Picciano in handcuffs against the patrol car. "Picciano was highly agitated and yelling at P.O. McLoughlin," the report indicates. It also says "Picciano appeared to be bleeding from his nose and he was spitting the blood on the rear" of the patrol car. McLoughlin asked Butler to transport Picciano to the police station because he was transporting evidence in the back of his car. Picciano's skateboard was later submitted as evidence.

Mrs. Picciano said she has kept her son's bloody clothes from that night as evidence.

Only Butler's report mentions that Picciano was injured and treated by the Auburn Fire Department rescue unit for a nose injury and exposure to pepper spray.

In the information filed with Auburn City Court, McLoughlin told a slightly different version, saying that Picciano "was advised to place his hands behind his back and he refused to comply. (McLoughlin) attempted to secure the defendant's hands and the defendant pulled away.

"The defendant then began to walk away, was placed on the ground and taken into custody by using pepper spray and soft hand techniques, then handcuffs were placed on the defendant."

No court date has been set yet, but one is expected at the end of November or the beginning of December. As a minor, Picciano will be tried by a judge and not a jury.

The city had not received the family's notice of claim as of Tuesday afternoon.

Staff writer Mary Bulkot can be reached at 253-5311 ext. 235 or mary.bulkot@lee.net