Salem alleges he suffered emotional distress and that his rights under the Fourth Amendment were violated during an encounter with two Stoneham police detectives.
Judge Kelley ruled in Salem's favor for a jury trial over claims of negligent training and/or supervision, negligent infliction of emotional distress, and discrimination.
Kelley noted that there appears to be a 'custom' in the department allowing officers to ignore reporting policies for incidents when guns are drawn.
The Town's counsel described Salem's incident as a 'bad day,' which Kelley criticized, stating this minimizes police conduct and its foreseeable harm to Salem.
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