Brutality case moves toward lawsuit

PROVIDENCE, R.I. (WPRI) - A man who says he was in handcuffs when he was beaten into a coma by a Providence police detective, has filed a claim against the city.

The paperwork, filed December 10 with City Hall, is the first step toward a potential civil suit against Providence.

Luis Mendonca's attorney, V. Edward Formisano, said in the claim is a result of "the failure of the City to properly select, train, discipline and supervise members of the police department, Mr. Mendonca suffered severe and permanent personal injuries, has and will continue to endure great pain and suffering, emotional distress, deprivation of his civil rights..."

Mendonca was arrested October 20 after a clash with Providence police and two RISD security officers. Surveillance video showed Mendonca in restraints when another officer, identified in a complaint as Detective Robert DeCarlo, walked up and kicked Mendonca, then struck him twice with a flashlight.

Mendonca's attorney said his client had to have his head stapled back together and was in a coma for more than two days.

Mendonca was convicted of simple assault for essentially shoving two RISD officers prior to the arrest. He is serving 30 days at the ACI. A native of Cape Verde, he is also facing potential deportation for violating his visa.

Detective DeCarlo and another unnamed officer have been placed on desk duty pending the outcome of a criminal investigation being conducted by the state Attorney General's office.

As Target 12 first reported last month, the FBI has also stepped into the investigation, securing the case file from Providence Police Internal Affairs, including the surveillance tape at the center of the case.

The claim against the city did not give a dollar amount, but said Mendonca has incurred a stack of legal and medical bills.

City claims coordinator Sharon Mulcahey told Target 12 the city has not responded to the filing.

"This is preliminary," said Mulcahey. "This is probably going to go on for quite some time."

Mulcahey said if the city does not respond to a claim within 40 days, then a lawsuit against the city can be filed.

Calls to Mr. Formisano have not been returned.