The City of Fall River has agreed to pay $100,000 to settle an excessive force lawsuit against a former problem police officer, who has now cost the city over $400,000 in settlements to resolve various police brutality cases.
The settlement resolves a federal lawsuit filed by David LaFrance, a Fall River resident who accused former officer Michael S. Pessoa for punching him in the face during an arrest in 2019, and filing false reports to cover up the beating.
Pessoa went on trial in criminal court for the same accusations in 2023 in the Fall River Superior Court. He was convicted and sentenced to a year and a half in jail. Pessoa is due to be released later this month.
The settlement in the civil case, signed by the city’s mayor and top attorney on March 24, specifies that the city admits no guilt in the incident.
It was at least the sixth time a civilian had pursued a lawsuit related to excessive force accusations against Pessoa over the course of his career. For more than a decade, internal investigators at the Fall River Police Department repeatedly cleared Pessoa of excessive force allegations. But the increasing prevalence of cellphone and security camera footage eventually substantiated a spate of civilian complaints against Pessoa beginning in 2018, leading to Pessoa’s termination three years later.
The City of Fall River has now paid at least $444,000 in settlements to resolve lawsuits or threats of legal action connected to Pessoa. In one case, a Fall River resident named Carlos Roldan received a $225,000 settlement after accusing Pessoa of beating him so severely that his shin was fractured and his pinky finger had to be amputated.
The city could wind up paying far more as another excessive force lawsuit involving Pessoa proceeds toward trial. The lawsuit concerns a fatal police shooting of a teenager in Fall River in 2017. Pessoa was not involved in the shooting, but the lawsuit accuses him of beating several family members during a heated exchange at the hospital after the teenager died.
In court filings, the family said it is seeking at least $34 million in damages for the teenager’s wrongful death and the injuries sustained by family members at the hospital. A jury would ultimately decide what amount, if any, to award in damages.
The City of Fall River has recently paid out settlements in numerous other cases against the police department. Over the past six years, these settlements have cost the city at least $914,000. The settlements involving Pessoa accounted for close to half that amount.
The city carries no insurance for legal liability in lawsuits against the police department. Settlements are paid by the city’s Legal Department through a line item in the city budget.
