Probe into conduct not the first time for Seabrook police
Brown claimed his son was stomped, choked and subdued with pepper spray and that his state and federal rights were violated.
The latest allegations came to light last week when Michael Bergeron Jr., now 23, posted a video on YouTube showing the booking process after he was arrested on drunken driving and drug charges in 2009.
In their police reports, the officers claimed that Bergeron was combative and uncooperative during and after his arrest.
None of the officers seen on the video were involved in the incident that led to Brown's lawsuit in 2006.
Brown's case was first heard by a federal court judge who dismissed most of the claims.
The case was then sent to Rockingham County Superior Court, where Judge Kenneth McHugh dismissed it. Brown appealed to the state Supreme Court, which accepted the case but then dismissed it in 2010 after he failed to pay for court transcripts.
Police caught up with Colby while he was walking home.
In his affidavit filed with the suit, Colby alleged that officer Felch got out of his cruiser and began yelling and swearing at the teen to get on the ground, telling him he was under arrest for running away.
At one point, he claimed Felch grabbed him by the shoulders from behind, pushed down on him and "repeatedly kicked the back of my knees and ankles trying to force me to the ground," he wrote.
In his affidavit, Felch said he attempted to take Colby into protective custody because he was a minor who had left home without permission and was out on the streets without adult supervision.
At one point, Felch said he "took hold of Colby's sleeve and attempted to escort him to the patrol car. Colby stiffened and resisted my efforts to steer him toward the patrol car. At that point in time I took hold of his shirt with both hands and tried to bring him over to my car. Colby resisted my attempts to bring him to the car. He and I engaged in a struggle for several minutes while I tried (unsuccessfully) to get him into my car," Felch wrote.
He wrote that they "basically wrestled, in a standing position" and that the amount of force he used "was reasonable and appropriate in the circumstances, that it falls within the guidelines for the use of force by police officers, and was necessary to take him into custody."
"I never even placed my hands on Colby Brown during his apprehension and arrest on Railroad Avenue. I certainly never choked him or struck him and never sprayed him with OC spray," Wasson wrote.
Currier, who retired as Seabrook chief in 2007 and was sued for allegedly failing to adequately supervise his officers, defended the work of his officers during his time there.
"As a matter of policy, the Seabrook Police Department did not tolerate excessive force, wrongful arrests, or any other misconduct by our officers. Any such complaints were investigated thoroughly," he wrote in an affidavit included in the Brown case.