Lawsuit sparks criticism of Black mans stop by Arlington police, but many stand by chief

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The white suspect, who was known to police, was believed to have been trespassing at a nearby hotel when he fled, initiating the chase, according to the complaint. Johnson was walking home from work in the early evening along a footpath just over the border from Arlington in Somerville when that suspect ran past him, followed by Officer Steven Conroy, who proceeded to detain and tackle Johnson, the complaint alleges.

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It was definitely shocking, said Mirian Albert, a staff attorney for Lawyers for Civil Rights who represents Johnson. For us, this is the epitome of a racial profiling case.

The towns police chief, Julie Flaherty, declined to comment on the lawsuit as it is an ongoing legal matter, but told the Globe in a telephone interview Thursday evening that she has taken the incident very seriously since she learned of it on social media a few days after it took place.

Flaherty stood by the conclusions of private investigator and retired Bedford police officer Michael LHeureux, whom she commissioned to conduct an outside investigation shortly after the incident took place.

In addition to finding that Johnsons detention was unjustified, LHeureux concluded that officers failed to follow several departmental policies on handcuffing and jurisdiction but there was no evidence of racial profiling, based on Conroys statements that he could not initially identify Johnsons race in the dark and because no one claimed racial epithets were used. LHeureux also concluded officers followed proper use-of-force procedures.

The department implemented all of the recommendations from the investigators report, which focused on retraining officers on various department policies, Flaherty said. The officers involved in the stop were disciplined, Flaherty said, though she said she could not specify how, and Conroy left the department early this year.

Johnson said he was not satisfied with the transparency or outcome of the independent investigation and filed the lawsuit to hold the department accountable, according to Albert.

Despite the national media attention the case is now receiving, community leaders in Arlington have been aware of the incident for over a year. They said they remain appalled by the incident, but broadly support Flahertys response to it.

Zane T. Crute, the president of the NAACP Mystic Valley area branch, called the incident a bad, bad, horrible situation but expressed strong support for the independent investigation Flaherty commissioned and the actions she took in response to its findings.

At the same time, Crute said Johnson was well within his rights to sue.

Hopefully this improves policing in general for everyone across the Mystic Valley region: less people being assaulted by police officers and less people being profiled, better relationships between the police and members of our community, he said.

In response to the lawsuit, Lenard Diggins, the chair of the Arlington Select Board, echoed Crutes sentiments.

As with similar incidents near and far, the allegations will make us think more about the underlying issues that we face in our society and how we as individuals and a community can do better, Diggins said in a statement.

Town Manager Sandy Pooler also backed the chiefs response in a statement Friday morning.

I believe in the Arlington Police Department, he said. Its track record is one of balanced, honest and progressive policing.

Johnson was walking home from work at Mass General Brigham along Route 16 in Somerville, which runs along the border with Arlington, just after 6:30 pm on Feb. 10, 2021, the complaint says. After the white suspect ran past Johnson, Conroy drew his gun and yelled at both men to get the [expletive] on the floor, the complaint alleviated. Johnson was confused and did not comply. Conroy then tried to handcuff him as he protested that he hadn’t done anything wrong, the complaint says.

Conroy tackled Johnson to the snow-covered ground and, in the course of trying to subdue him, Conroy placed his knee on Johnsons neck, the lament alleges.

After another officer helped cuff Johnson, officers pulled him into a standing position, searched him, and confiscated his belongings, before releasing him about 45 minutes after the incident began, the complaint alleges. Johnsons handcuffs were so tight they injured his wrists, according to the complaint.

In interviews with the independent investigator, Conroy said he detained Johnson because he believed he might have been the white suspects accomplished, and he denied drawing his gun or placing his knee on Johnsons neck.

Attorneys who represented the Arlington officers in the independent investigation did not immediately return requests for comment Thursday evening or Friday.

The police were upfront when they briefed the Arlington Human Rights Commission on the incident at the HRCs February 2021 meeting, the commissions co-chair Rajeev Soneja said by phone Friday afternoon. The incident is absolutely concerning, Soneja said, but the independent investigation was proactive, timely, and proved they were sincere about making sure the right things were done.

We still want to make sure… [Johnson] receives the right justice as they should in this really serious allegation, he said.

Rumors about the incident began swirling in Arlington, a town of 46,000, soon after it happened, said Laura Gitelson, a co-chair of Arlingtons Police Civilian Advisory Board Study Committee.

What happened to Mr. Johnson was wrong, she said. I cannot even imagine what a terrifying experience that was for him.

However, Flaherty did not try to sweep anything under the rug and has been very receptive to reform, Gitelson said. Still, there are residents who don’t trust the local police, she said, and the department has issues that must be addressed.

Johnsons detainment came just a few months after another controversy roiling the town and its police force culminated with Lieutenant Richard Pedrinis public apology in December 2020 for polemic columns he wrote in 2018 suggesting police should meet violence with violence.

The department has done a lot of work to regain trust in recent years, Flaherty said. So of course when incidents like this happen, people will second guess their police department, Flaherty said. We learn from our mistakes, and we try to do the best that we can.

Albert said that Johnsons mistreatment shows the department must try harder.

Johnson, she said, wants to make sure that the officers involved are held accountable and that the department is also doing something to make some meaningful change … to their training so that this doesnt happen again.

Alexander Thompson can be reached at [email protected]. Follow him on Twitter @AlMThompson

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