As DOJ Inquiry Begins, Key Worcester Police Lawsuit Goes To Mediation

WORCESTER, MA — A long-running civil rights lawsuit against Worcester police is headed for mediation in federal court this week, signaling a potential settlement as the U.S. Department of Justice prepares to investigate the department over allegations of biased policing.

Framingham attorney Matthew Koes said a lawsuit over his client's 1,000-day prison stint based on allegedly fabricated evidence will go to mediation Friday in federal court. Koes said neither he nor his client, Carlos Alvarez, have spoken to federal prosecutors — but would be willing.

"We're encouraged the Department of Justice is taking this step and going to take a look at this department," Koes said Wednesday. "If the DOJ were to approach us about the case, we'd certainly speak with them and cooperate."

Speaking only about the Alvarez case, Koes said the city and Worcester police have "gone out of their way not to be transparent" during court proceedings. In July 2020, Worcester asked a federal judge for and was granted a protective order barring the public disclosure of internal affairs reports and disciplinary actions, among other items — an order that will remain in place even if the case gets settled, according to court records.

Worcester fought the Worcester Telegram for three years after the newspaper sought records about police discipline. The case went to trial and Worcester lost with a judge ordering the city to pay $101,000 to cover the newspaper's legal fees, plus a $5,000 payment to the state's public records assistance fund.

Alvarez sued Worcester police in January 2020 over a 2014 incident that took place along Main Street. According to the lawsuit, Worcester police Capt. Michael McKiernan arrested Alvarez after witnessing a possible drug transaction; a small bag of cocaine fell out of Alvarez's pocket during the arrest, according to the lawsuit.

The suit claims McKiernan later searched Alvarez's phone without a warrant and lied about it during court proceedings. Alvarez was then sentenced in January 2017 to 3-1/2 years in prison for drug distribution.

According to the suit, McKiernan wrote in a police report that he saw a text message "pop up" on Alvarez's phone saying, "N--ga I need some s--t," which McKiernan interpreted as someone asking for drugs.

"I did not access the cell phone and I do not know what the number is," McKiernan wrote in a 2014 criminal complaint, according to court documents. "Based on Alvarez’s behavior, the denominations and location of his money, the recovered drugs and the message on his phone, Alvarez is being charged with unlawful possession of a class B substance (crack cocaine) with intent to distribute, resisting arrest, and trespassing."

McKiernan said the same thing to a grand jury in January 2015, leading to Alvarez's indictment on drug charges.

However, the model of phone Alvarez owned doesn't display text messages on the front, indicating that any text messages would have to be viewed by opening and searching the phone — an activity that would typically require a warrant. In November 2019, Worcester County prosecutors effectively dismissed the case after reviewing evidence about how the phone works. At that point, Alvarez had spent over 1,000 days in jail.

In June, a federal judge ruled on several key aspects of the lawsuit. He dismissed a piece of the case dealing with the unlawful search of the phone, saying that McKiernan had "qualified immunity," which "protects public officials from personal liability for constitutional violations when the constitutional right at issue was not clearly established." But the judge upheld Alvarez's claims of false imprisonment and presentation of false testimony.

The case could go to trial in February if mediation does not work. According to the group Defund WPD, Worcester police have been sued 42 times since 2010, and have paid out some $4 million in settlements.

Since leaving prison, Alvarez is working and living with his family in Worcester County, Koes said.

U.S. Attorney Rachael Rollins announced the DOJ investigation Tuesday, saying federal prosecutors have found "significant justification to investigate whether the Worcester Police Department engages in a pattern or practice of racially discriminatory and gender-biased policing, and uses excessive force."

The DOJ is also seeking tips from local residents about possible civil rights violations. Members of the public can contact the U.S. Attorney via email at community.wpd@usdoj.gov or by phone at (888) 221-6023.