Patricia Pimentel, a citizen of the Dominican Republic, brought a civil rights action against the City of Methuen, MA, its police chief and three officers, and the Essex County District Attorney. Plaintiff was provided an inaccurate Spanish language advice-of-rights form after being arrested for drunk driving. The form’s errors led plaintiff to consent to a breathalyzer test. Plantiff later received a continuance without finding for operating under the influence and leaving the scene of an accident, which put her DACA status in jeopardy. An attorney was able to resolve the charges so as not to threaten her status. Plaintiff’s lawsuit included claims under 42 U.S.C. Sections 1981 and 1983; Title VI of the Civil Rights Act; the Massachusetts Civil Rights Act (MCRA); and the Massachusetts Declaration of Rights. The court held that plaintiff adequately alleged substantive due process and equal protection violations, discrimination under Title VI, and claims against individual defendants under the MCRA.
