A federal jury found Somersworth police officer Matthew Duval did not assault John DiCicco during an incident that included DiCicco stripping naked and urinating inside the police station.

DiCicco, 47, claimed Duval’s alleged misuse of handcuffs left him with permanent nerve damage and that Sgt. Joe Geary failed to intervene when he witnessed the alleged excessive force, according to the lawsuit.

After a trial this week in the United States District Court in Concord, the jury found that Duval did not use excessive force and did not commit battery against DiCicco, court records show.

The case against Geary was dismissed.


DiCicco was arrested at his Main Street apartment and charged with reckless conduct, placing another in danger, criminal mischief, resisting arrest, and simple assault on a police officer after a night of drinking, according to his lawsuit.

After he was brought to the police station for booking, DiCicco claimed he was left in a cell without a toilet. At some point, DiCicco removed his clothes and urinated into a slot used for passing papers, according to the lawsuit.

When Duval and Geary became aware of the urination situation, Duval entered the cell and put handcuffs on DiCicco.

DiCicco’s lawsuit had claimed that cuffs were never checked for tightness, not double-locked as is standard procedure.

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