Trial Nears For Lawsuit Challenging Foxborough Police Policy for Intoxicated Eventgoers at Gillette Stadium

A lawsuit challenging the way Foxborough police officers handled intoxicated eventgoers at Gillette Stadium could go to trial this September.

The Boston Globe reports that both sides have agreed for a trial date on or after Sept. 14. Recently, US District Court Judge Douglas P. Woodlock denied motions from both parties to rule in their favor without a jury trial.

The plaintiffs in the lawsuit against the town and Foxborough Police Chief Ed O’Leary allege that the practice of placing intoxicated, but not incapacitated people into protective custody is a violation of the Fourth Amendment. A defense lawyer representing the town and O’Leary denied the accusation.

The three plaintiffs in the case were taken into custody before they entered the stadium prior to concerts. Two say they tripped and were taken into protective custody by police. A third man says he was approached by police and was taken into custody after he was asked if he was drinking and blew into an alcohol-screening machine.

The first threats of a lawsuit occurred in 2012 when a commenter on Foxborough Patch said he and his girlfriend were held in protective custody for over eight hours during a Bruce Springsteen concert at the stadium.