BOSTON (Legal Newsline) - A Massachusetts town is being blamed in court for the death of a man who overdosed on opioids while in jail.
A lawsuit was filed in November in Plymouth County Superior Court against the Brockton Police Department, Chief of Police Brenda I. Perez, and officers Daniel Benvie, Olegario Da Graca, and Anthony Louis by the estate of Afonso Brandao. The complaint, which has since been removed to federal court, alleges that Brandao's wrongful death occurred while he was in police custody.
Brandao, a resident of Plymouth County, passed away on November 14, 2020. He was arrested on November 13 by Officer Benvie near Ellsworth Avenue in Brockton.
Although Brandao appeared to be under the influence of an intoxicating substance at the time of his arrest, no drugs or illicit substances were found on him during a search conducted by Officer Benvie at the scene or by Officer Da Graca during booking at the Brockton Police Station, the suit says.
Despite noting Brandao's reported alcohol and drug use on a standard booking document and observing that he appeared to be under the influence, Brockton Police failed to prevent his death in custody, the suit says. Officers were required to perform prisoner well-being checks every 15 minutes, but it is unclear if this policy was adhered to in Brandao's case, the suit says.
Joseph Krowski represents the plaintiff.