Lawsuit brought against town of Foxboro

FOXBORO, Mass. (WPRI) -- Two more individuals are suing the town of Foxboro, claiming police went too far when making arrests during events at Gillette Stadium.

Flanked by their attorney, three of the people suing spoke at a hearing Monday. The suit alleges that more than a thousand people were unlawfully held in protective custody by Foxboro police because they were intoxicated, but no incapacitated.

"The lawsuit alleges that it is unconstitutional to take people into custody simply because they are perceived to be under the influence of alcohol," said Boston attorney Howard Friedman. "They're taking into custody people who are simply intoxicated, and not a danger to property or person and holding them far longer than they should."

Michael Burgess, 42, is a police officer in Massachusetts. He was handcuffed and put in a jail cell by police during the 2011 New England Country Music Festival.

"It's my civil rights violated, I'm entitled to those rights as a private citizen," he said.

Officers detained more than 600 individuals at this summer's Country Music Festival.

Dr. Timothy Dutton is also suing the town. He says he drank alcohol before the recent Bruce Springsteen concert, but was not incapacitated. He says being taken into protective custody has affected his life today.

"I get nauseous watching the Patriots now, quite truthfully," he added.

Eyewitness News touched base with Foxboro police Monday, but the people that are allowed to speak with us were not available because it's Veterans Day.