FBI clears Auburn police

By The Citizen staff report

Friday, June 20, 2008 11:31 AM EDT

A federal investigation into a complaint of police brutality in Auburn has been closed.
The case began with a teenager who was arrested outside Auburn City Hall in August 2004.

City police officer Stephan McLoughlin had said Richard Picciano, who was 16 at the time, resisted arrest after being told he couldn't ride a skateboard in that area and that pepper spray and a physical struggle were needed to take him into custody.

The boy's mother, Mary Lou Picciano, later complained that her son had been falsely arrested and falsely detained. Picciano filed a notice of claim against the city in 2004 alleging that her son had been “unreasonably and unnecessarily assaulted and battered” by a city police officer. That claim later expired.

Picciano later filed a complaint with the FBI and federal agents first contacted the Auburn Police Department in 2006 about its investigation.

Auburn Police Department Chief Gary Giannotta said Wednesday that his office recently received a letter from the FBI in Washington, D.C., informing him that the department has been cleared of any federal civil rights violations.

“They conducted a full investigation, and they cleared us,” Giannotta said.

Richard Picciano is currently suing McLoughlin in federal court, seeking punitive monetary damages as well as recovery of his costs and attorney fees. His suit alleges that he had not been riding a skateboard, simply sitting with one foot on it, and that when he was arrested he sustained injuries, temporary blindness and bruises and scrapes.

The suit argues that Picciano's alleged offense was minor, that he posed no threat to McLoughlin or others, and that he did not resist arrest or attempt to flee.

The case, filed in July 2007, is awaiting a trial date.

Since her son's arrest, Mary Lou Picciano has attended dozens of city council meetings, arguing publicly that the police department abused its powers and challenging officers to take lie detector tests.

The Citizens' Say

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There are 3 comment(s)

blueyankee443 wrote on Jul 4, 2008 11:02 PM:

" just remember,that officers do make mis
takes,and do not always make a sound ju
dgement all the time.The Officer must h
ave been scared of a 16 year old,to us
e such force.But then again,all or most
of the police in todays world,can not d
o any inforcing,unless they have at lea
st two other police with them to collaborate their mistakes as being jus
tified.If three do it,no one tells.Why
is a officer,deeming a skate boarder m
ore important than other violations of
truer nature,than approaching a kid,who
is fed up with stupid and silly laws.
There has to be more justice than this
to use pepper spray,what if this was an
adult? Wow,this person would be in Pri
son not jail.Why does an officer have
no way to implement common sense first
over the decision to just warn the kid
and let him continue as he was.The kid
would left eventually. This is of cours
e OverKill,and even the judge is wrong.
The kids have rights too.But then,this
just another U.S.A.,city where the Poli
ce are always right. "

katiede wrote on Jun 20, 2008 8:04 PM:

" If you read the paper often you will find that officers are assaulted on a regular basis and that many of our "great" citizens resist arrest. Does anyone care about them? The people who protect us? There are a lot of wonderful citizens in Auburn..just keep in mind that they generally aren't the ones getting arrested, fighting with the police and resisting their arrests.. "

childofthekorn1318 wrote on Jun 20, 2008 7:03 PM:

" Though I have never heard of Auburn PD abusing their power, it is a wide known epidemic of police thinking that they have the right to harm citizens for any reason they see fit. They often feel they are the complete lawful authority, and that no one but them have any rights. I hope this is an isolated incident, and that Auburn PD does not harm any of it's citizens. "

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