Springfield officials are seeking mediation with four men suing for an alleged 2015 beating by off-duty Springfield police officers, as the sides attempt to reach a settlement on two federal lawsuits.
Jackie Ligon, Jozelle Ligon and Michael Cintron filed a lawsuit against the city in April accusing individual officers and the police department as a whole of violating their civil rights. Herman Paul Cumby, whose civilian complaint to the department sparked federal and state investigations into the assault, has made similar allegations in a separate suit.
"The parties in the above-referenced matter have conferred and are agreeable to mediate this case before Judge Kenneth P. Neiman," Deputy City Solicitor Lisa deSousa wrote in a filing in the Ligons' case. "The parties would like to mediate this matter simultaneously with [Cumby's lawsuit.]"
Michelle Cruz, Cumby's attorney, said her client welcomes the chance to negotiate a deal. Cumby's suit initially sought $10 million in damages, citing both alleged civil rights abuses and severe injuries that have prevented him from returning to work.
"We are pleased to have an opportunity to sit down with the city and work towards a resolution of this very difficult matter," Cruz said in a statement.
The Ligon brothers' and Cintron's suit is more complicated. That suit includes allegations against the Hampden District Attorney's Office, which is seeking dismissal and has not agreed to settlement talks, according to court filings.
The plaintiffs' attorney, Joe Smith III, said he is also open to negotiations if the district attorney's position does not prevent the start of talks.
"The city is who initiated the mediation," Smith said. "Of course I'm interested, but it has to be right and it needs reflect what was done to these people"
Springfield officials did not immediately return a request for comment.
Cumby, the Ligon brothers and Cintron claim that on April 7, 2015, they were having drinks at Nathan Bill's when a group of off-duty officers started an argument. Jozelle was whistling at a bartender for a drink, but Officer Daniel Billingsley accused him of whistling at Officer Melissa Rodriguez, his girlfriend, the men told internal investigators.
After a verbal argument, which Cumby and Jackie Ligon said they attempted to defuse, Billingsley allegedly told staff that the men were not welcome in the bar. Uniformed police officers responded to the bar but made no arrests as the dispute remained nonviolent.
Cumby and his group left the bar, where they separated, with Cumby walking down the street while speaking to his girlfriend on the phone and the Ligons and Cintron waiting in the parking lot of a nearby store for Cumby to return and drive them home, according to interviews with the alleged victims.
Cumby, who has said he was afraid he would be targeted and pulled over if he drove away while the off-duty officers were still at the bar, reunited with the other men around 2 a.m. - and saw a crowd of ten to 15 bearing down on them, he said.
Leading the way was Billingsley, according to Cumby's lawsuit, who allegedly began yelling at the men and hit Jozelle. Jackie threw a punch in return, and Cumby - who has said he was trying to peacefully end the fight -- was allegedly struck from behind by a baton and knocked unconscious.
Cumby suffered a broken leg and loosened teeth in the fight, according to medical records reviewed by MassLive.
The department's Major Crimes Unit launched a criminal investigation after Cumby filed a complaint, and the Hampden District Attorney's Office concluded that the men were victims of an assault -- but that no charges could be brought due to unclear identifications of the attackers.
The settlement talks come as a statewide grand jury in Worcester is considering bringing criminal charges against multiple Springfield police officers accused of attacking the men following an argument in Nathan Bill's Bar and Restaurant in April 2015.
The City of Springfield has settled 25 lawsuits against the police department since 2006 and paid out a total of $3.9 million to plaintiffs.