After Responding to Suicide Call and Suffering From PTSD, RI Police Officer Sues Town

After Responding to Suicide Call and Suffering From PTSD, RI Police Officer Sues Town

A North Smithfield police officer has filed a lawsuit against the Town, alleging that he suffered from post-traumatic stress disorder (PTSD) after responding to a suicide call, and that the town has violated federal laws by refusing to reinstate him without conditions. 

In a 26-page complaint filed in the U.S. District Court of Rhode Island, North Smithfield Police Officer Nicholas Tomasetti - who had been a police officer with the town since 2017 - says that in May 2022, he responded to a call involving a suicide.

“In responding to the call, [Tomasetti] acted as the investigator, writing the report and taking detailed pictures of the victim, who had hung himself in a shed. Immediately after this event, [Tomasetti] experienced difficulties sleeping, eating,  maintaining his weight, thinking, concentrating, working, maintaining relationships and social life, and daily self-care due to symptoms like emotional dysregulation, sleep disturbances and/or nightmares, memory problems, and feelings of detachment,” according to the lawsuit. “[He] had never experienced these symptoms before this event.”

GET THE LATEST BREAKING NEWS HERE -- SIGN UP FOR GOLOCAL FREE DAILY EBLAST

Tomasetti says he has “not been permitted to work since September 2022.”

 

From “Recognition of Exemplary Service” 

According to the lawsuit, Tomasetti was in “good standing” with the North Smithfield Police Department up until the suicide call.

“[Tomasetti] performed his duties with distinction, earning commendation and recognition for exemplary service, including as Community Police Officer of the Year and widespread media acknowledgment for his community outreach,” according to the lawsuit. 

Following the incident, the lawsuit goes on to state that Tomasetti was told by the union that he needed to speak with an Employee Assistance Program counselor - or would be suspended. The lawsuit states that the therapist told Tomsetti to find a personal therapist.

“[Tomasetti] was initially placed on paid administrative leave while he complied with the [counselor’s] recommendation,” according to the lawsuit. 

The lawsuit goes on to state that Tomasetti then saw multiple mental health professionals who conducted evaluations and provided the town with reports. 

“Despite multiple medical evaluations confirming that [Tomasetti] was fit for duty without restrictions—by both Plaintiff’s chosen providers and those selected by the Town, [the Town of North Smithfield] repeatedly and unjustifiably refused to reinstate him,” according to the lawsuit.

“The Town has attempted to justify its conduct based on a self-serving misinterpretation of one evaluation report to assert that Plaintiff required ‘constant monitoring’ and should be shielded from any stressful situations, an interpretation inconsistent with the plain language of the report and contrary to all medical evidence,” the lawsuit states. 

“[Tomasetti] has made numerous good-faith efforts to engage the Town in an interactive process to clarify and resolve any purported concerns, but [the Town of North Smithfield] failed or refused to participate meaningfully in such a dialogue as required by law and has continued to refuse to reinstate [Tomasetti],” the lawsuit continues.

According to Tomasetti, he received “notices of the right to sue” from the Rhode Island Commission on Human Rights and the U.S. Equal Employment Opportunity Commission earlier this year.

He is suing on six counts - for alleged violations of the Americans With Disabilities Act, the Rhode Island Fair Employment Practices Act, Civil Rights of People With Disabilities under RI General Law, the Rhode Island Civil Rights Act, the federal Family and Medical Leave Act, and the Rhode Island Parental and Family Medical Leave Act.

Tomasetti is being represented by Sinapi Law. 

Plaintiff’s attorney Richard A. Sinapi said in a statement to GoLocal,  “This is classic mental health stereotype employment disability discrimination.   Officer Tomasetti served the North Smithfield police department and his community with distinction.  The Town’s refusal to reinstate Officer Tomasetti—despite multiple medical clearances and an arbitration order—is premised on unfounded and discriminatory assumptions and is both unlawful and unjust. No officer should be punished for seeking help after a traumatic event. We are confident the court will vindicate his rights and that justice will prevail in the end.”

"Given the pendency of litigation, on the advice of counsel, the Town of North Smithfield will not make any statement at this time.  That said, the Town’s legal arguments are publicly available in its legal memoranda, which are accessible through the Superior Court," wrote Scott A. Gibbs, Town Administrator of North Smithfield in an email to GoLocal.