FM man sues FMPD and Masiero over assault

A 26-year-old Fort Myers man has sued the city of Fort Myers and three police officers, alleging they violated his civil rights by assaulting him during an interrogation.

Rolex Costume is seeking unspecified damages from the federal lawsuit.

According to a 10-page lawsuit filed Tuesday, Costume was a Lee County Jail inmate in February 2008. An officer transported Costume from the jail to Fort Myers police headquarters without a court order and against Costume’s wishes.

There, detectives interrogated Costume regarding a series of burglaries and thefts. He later pleaded no contest to one charge of attempted burglary, though 14 other charges were either dropped or not pursued by prosecutors.

According to the lawsuit, after two detectives were unsuccessful in getting a confession, Sgt. Michael Masiero intervened.

While handcuffed and shackled, Masiero threw Costume to the floor, punched him and chocked him, breaking teeth and injuring his head and neck before detective William Murphy broke up the attack and reported it to authorities. The lawsuit states that detective Vincent Doyle, who began the interrogation with Murphy, did not report the attack.

The lawsuit names Doyle, Masiero, a John Doe officer who supervised the other defendants and the city, which allegedly didn’t properly train the defendants.

Assistant City Attorney David Migut said the city hasn’t been served with a copy of the lawsuit, but it is policy not to comment on pending litigation.

Statement from Fort Myers Police Chief Doug Baker
“We believe in transparency and holding our people accountable. We conducted a thorough investigation. Policy violations were sustained and disciplinary action was taken. The officers named in the lawsuit are good officers; they have faithfully served the community and will continue to do so. Every citizen has the right to civil remedy and at this point it’s out of our hands and in the court system.”

Mikey, how could you beat up a handcuffed Haitian. Haven't they had it hard enough with the earthquake? Road rage is a mother fluckerrrrrrrrrr! I'm not going to blame you because drug use is a huge problem among FMPD higher ups! Dougy beat up a homo when he was drunk, one of your LT's is popping his wife's pills, and you are hyped up on roids! I guess the old saying is true, you get promoted to the level of your incompetence! Dougy has fired several officer for less but he retained his doper buddys. FMPD, say no to drugs and yes to a new Chief!

Three Fort Myers police officers are being sent to counseling after internal investigations revealed one had not videotaped a drug buy and the others did not get surveillance footage of an incident.


Both officers were cleared of other charges.

One claim said a detective, who is not being identified because he works undercover, had not properly documented evidence of a drug buy involving Fort Myers resident Jordan McKnight. But the investigation did reveal he hadn’t handed over videotaped evidence of the drug buy he referenced in his report.


The other unfounded claim said Officers Benjamin Johnson and Jane Salecki were involved in an incident where one shoved resident Kevin Hardee during a breach of peace investigation last November.


The investigation did reveal Johnson and Salecki had not recorded the incident where the alleged shoving occurred.

How can the City of Fort Myers get named in this lawsuit when it seemed like Officer Masierio acted on his own without the direction from a supervisor? This Rolex Costume chraracter is a criminal but punishment should be left to the courts, not a rouge Cop. Why wasn't Masiero fired? If he was fired would the City of Ft. Myers still be liable in this lawsuit? Thank you for your time!

Report this postReply with quoteBody Slams,& Choke Holds Ohh My!
by 40cal_666 on 11/11/08 16:07:19

A funny thing thing is starting to surface around F.M.P.D.! Your Dirty little cover ups are starting to surface around the patrol level . This past week several street cops including myself received some GOB sensitive material courtesy of an unknown PBA board member . This material raised my eye brow to enormous heights. This material confirms the hypocrisy that is involved in this police department when it come to levying punishment for misdeeds on duty . Lt. Rosie O'Donnell is conveniently assigned to investigate his former SIG buddy's excessive use of force that occurred in Station 2.I didn't even know you were assigned to the Professional standards Bureau, isn't this Sgt. Tellis's job to investigate this? The facts of this case are sustained, and they are undisputable! Rolex Costume was a shackled prisoner brought into the station 2 bay(secure safe environment) ,to be interrogated for the purpose of revealing where Rolex had stolen property hidden. Sgt Detective verbally assaulted Rolex, and when he still refused to give up the location of the stolen property . Sgt Detective then uses WWE techniques body-slams Rolex a couple times, throws down a couple of forearm shivers to Rolex while he was on the ground. Sgt. Detective verbally assaults him some more , Rolex still refuses to give up the location , and then Sgt. Detective gives Rolex an Andre The Giant choke hold until Rolex submits! HEY Lt. Rosie what was your punishment recommendation? Lets play the GOB Version of the Price Is Right! Hey Sgt. Detective "Come On Down !, Your The Next Contestant on GOB punishment plan! Bob Barker whats Behind LT. ROSIE"S SHOWCASE DOOR number 1? SGT. Detective your prize is one month suspension without pay, and a demotion from Sgt. Detective to Patrol Sgt. YAHHHHHHHHHHOOOO!

Let's rewind ! Lt. Rosie is the same hypocrite who started an A.I. against Serge Ruggio . Ruggio gives a Prisoner a tap on the head to a 10-15 out in the uncontrolled street patrol elements to prevent the 10-15 from spitting in his face. This is after this prisoner injured a patrol officer! Lt. Rosie what was behind Showcase door # 1 for Serge? Well For Serge we have termination !!!!!!!!!!!!!!!!!! and when he files for arbitration we''ll have PBA set it up at 10-19 and have Civilian Daniels sit in on the hearing so he can intimidate Serge's witnesses ! YAHOOOOOOOOOOOOO!Lt. Rosie who was criminally charged Sgt. Detective OR Ruggio? GOB Hypocrisy at its Finest! Hear No Evil SEE No Evil DAWG!!!!!!!!!!!40cal_666
beautiful 40 cal :!: you were always right on the money with this one baby :devil:

Hey " Fort Myers Citizen", last time I checked this was an LEO forum only = your not welcome. If you have so many questions try filling our shoes for a day and get off your lazy @$$ and get a real career. What MM did was wrong yes, however, he is a fantastic cop. Always has been and always will be. Everyone makes mistakes. I'd like to see anyone here with balls big enough to swing around actually approach Mike and judge him. He's done more in a year than 75% of the officer's here in their entire careers I assure you of that. I'm not trying to wax him here or stick up for him, he's plenty capable of doing that for himself. I'm just saying don't judge. You are all so quick to throw rocks despite living in your own glass houses....I can't wait til he actually becomes Sgt. again. He's a cops cop and will be a hell of alot better than all the posers they've promoted lately who haven't earned s*** at this place and are wearing stripes only because they are under a desk. Hey Mike, I hope I'm lucky enough to have you as a road Sgt. again, I remember the days when you were before. I know a ton of others who feel the same way....Fort Myers citizen, you are that for a reason, because you have no idea what it takes or ever will in this line of work. Go back to your tax-free, welfare accepting, live off the working man life....your a disgrace :evil:

Hey " Fort Myers Citizen", last time I checked this was an LEO forum only = your not welcome. If you have so many questions try filling our shoes for a day and get off your lazy @$$ and get a real career. What MM did was wrong yes, however, he is a fantastic cop. Always has been and always will be. Everyone makes mistakes. I'd like to see anyone here with balls big enough to swing around actually approach Mike and judge him. He's done more in a year than 75% of the officer's here in their entire careers I assure you of that. I'm not trying to wax him here or stick up for him, he's plenty capable of doing that for himself. I'm just saying don't judge. You are all so quick to throw rocks despite living in your own glass houses....I can't wait til he actually becomes Sgt. again. He's a cops cop and will be a hell of alot better than all the posers they've promoted lately who haven't earned s*** at this place and are wearing stripes only because they are under a desk. Hey Mike, I hope I'm lucky enough to have you as a road Sgt. again, I remember the days when you were before. I know a ton of others who feel the same way....Fort Myers citizen, you are that for a reason, because you have no idea what it takes or ever will in this line of work. Go back to your tax-free, welfare accepting, live off the working man life....your a disgrace :evil:

If you condone Masiero's activity you do not deserve to be a LEO. The end does not always justify the means Einstein! It looks like FMPD need to give more ethics training to its officer instead of getting accreditation! If the dirt bag was resisting arrest thats one thing but if he was restrained than Masiero should have gotten fired just like other officers in the past! A life was not at stake so Iwhat was so urgent that the dirt bag reveal the location of the stolen property at that time! Masiero may have been a good supervisor but he broke the law and was charged. Do you think you would be given the same treatment if you had done the same thing Einstein! The big issue here is every officer should be treated the same!

You sound like the typical rock thrower I am talking about. Your right, his actions were completely unacceptable. He took his punishment, got demoted, and has been humble ever since. I can't wait til you screw up and then try and justify yourself. Then again, I'm sure your one of the people who does absolutely jack $*** around this place. I'm sure you have either your coush spot of SRO, CPC, or crap detective. If not, grow some balls and come say that to his face..... I'd love to see it. We may agree to disagree, but I'd be happy to have him back as my supervisor any day. And yes I AM on the road. And YES I guarantee I'm 3X the cop you are. If you disagree post your name and I'll gladly confront you 1 on 1 and we can discuss it. :evil:

You sound like the typical rock thrower I am talking about. Your right, his actions were completely unacceptable. He took his punishment, got demoted, and has been humble ever since. I can't wait til you screw up and then try and justify yourself. Then again, I'm sure your one of the people who does absolutely jack $*** around this place. I'm sure you have either your coush spot of SRO, CPC, or crap detective. If not, grow some balls and come say that to his face..... I'd love to see it. We may agree to disagree, but I'd be happy to have him back as my supervisor any day. And yes I AM on the road. And YES I guarantee I'm 3X the cop you are. If you disagree post your name and I'll gladly confront you 1 on 1 and we can discuss it. :evil:

Glasshouse has anger management issues! Have you and MM been cycling steroids together?? Why don't you pop one of your wifes oxys and chill. Besides, you wouldn't hit a lady would you? I hope the Haitian milks every dollar he can out of MM and the department. MM should not have hit him while he was handcuffed and the department should have fired MM. This was not MM first IA ref use of force. The big difference was a honest detective was present and he would not lie for him. You reap what you sow!

WTF

I'm with you. There has to be a limit to how far you can take things into your own hands. God bless the HONEST detective who wasn't afraid to say too much is too much.

You sound like the typical rock thrower I am talking about. Your right, his actions were completely unacceptable. He took his punishment, got demoted, and has been humble ever since. I can't wait til you screw up and then try and justify yourself. Then again, I'm sure your one of the people who does absolutely jack $*** around this place. I'm sure you have either your coush spot of SRO, CPC, or crap detective. If not, grow some balls and come say that to his face..... I'd love to see it. We may agree to disagree, but I'd be happy to have him back as my supervisor any day. And yes I AM on the road. And YES I guarantee I'm 3X the cop you are. If you disagree post your name and I'll gladly confront you 1 on 1 and we can discuss it. :evil:

Glasshouse has anger management issues! Have you and MM been cycling steroids together?? Why don't you pop one of your wifes oxys and chill. Besides, you wouldn't hit a lady would you? I hope the Haitian milks every dollar he can out of MM and the department. MM should not have hit him while he was handcuffed and the department should have fired MM. This was not MM first IA ref use of force. The big difference was a honest detective was present and he would not lie for him. You reap what you sow!

Now that's funny JS!!! Not only are they cycling steroids together, I think glasshouse has the hots for MM...... just sayin.....
Glasshouse practice what you preach and post your name lover boy. :lol: Too comical!!!!! :snicker:

I agree with the last two post! The Detective that told the truth was a good cop and is a good man! No matter how you feel about the situation! I do not think anyone at FMPD can say a negative word about him.

I bet DB wish he fired MM when he had a chance. Many grievences are being won because MM kept his job.

MM will always be a hero for that day, too bad that mutt named after a fuxn watch didnt die, MM shoulda thrown his mutt ass outta 2nd floor window.

MM will always be a hero for that day, too bad that mutt named after a fuxn watch didnt die, MM shoulda thrown his mutt ass outta 2nd floor window.

And based on that fact he will never get promoted

:devil:

:devil: