NORTH SMITHFIELD – An officer with the North Smithfield Police Department filed a lawsuit against the town this month alleging discrimination in a decision not to rehire him after he completed treatment for job-related post traumatic stress disorder.
Officer Nicholas Tomasetti says he developed the disorder after responding to a suicide call in the U.S. District Court suit against the town of North Smithfield. Tomasetti received treatment following the incident, and says the town’s refusal to reinstate him was a violation of he Americans with Disabilities Act; state fair labor, disability and civil rights laws; and the federal and state Family and Medical Leave Act.
Tomasetti was hired by the department in 2017, and served as one of the handlers for therapy dog Libby. The suit states that prior to the incident in May of 2022, he was recognized as the North Smithfield Community Police Officer of the Year.
On the call, the victim had reportedly hanged himself in a shed, and the suit states the officer 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,” after the documenting the scene.
According to the complaint filed on Friday, Oct. 17 through attorneys with Sinapi Law, Tomssetti was initially placed on paid administrative leave and told to find a personal therapist. He was later cleared as fit for duty without restrictions by multiple mental health professionals, but has not been permitted to work.
“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 suit states.
The plaintiff says he received notice of the right to sue from the Rhode Island Commission on Human Rights and the U.S. Equal Employment Opportunity Commission earlier this year.
The town received notice of the civil action last week and must file a response within 21 days, according to the summons.
I’m so sorry to Officer Tomasetti. He really is a great officer. He was forced to take my car because of a complaint in North Smithfield by Beef Barn. He felt terrible and when he saw me walking to work even offered me a ride a few times. I saw him with Libby at court and asked me how I made out. Once I bought my new car he was so happy for me. He takes things to heart and is a human not just an officer. I hope he gets justice. I still look for him just to give a wave of thanks , I didn’t know this is what was happening. My prayers go out
This is exactly why police officers are reluctant to seek mental health treatment!! Shame on the town of North Smithfield!!!
First off, correcting the author, the proper context is: hanged, not hung himself
Surely this officer can still be an officer as a community officer as my town does a lot. Finding a place of suitability rather than discarding him? There can be a place for him in records too perhaps? Or dispatch?
One college I attended years ago, wanted hard core nurses, while another college I finished at, allowed nurses to cry when we lost a patient. Feelings are good, allows you to connect not disconnect with yourself.
My concern however, is that of repressed emotion.Triggers. And I think this is what the Chief is saying Nay about as to back out on patrol…? But no one knows, no one can predict things. He can hire another and the new hire be totally unfit. This man has sought help and counsel.
But a lingering question in my mind is always, that guys watch so much shooting, blood and gore, TV, movies, and news, that it somehow would make me think they adapt better to this sort of thing? It actually helped me as a nurse to prepare and made me quite curious of the medical aspect, but that’s me…..everyone is different.
Was this his first suicide? My first was a 13 year old girl, clutching a teddy bear, shot in her mouth. You never forget – you learn how to cope. WITH the help of professionals.
Thanks for sharing that Gail, I’ll now be watching cat videos until I fall asleep.
Anyone saying he cant be a cop is a not thinking beyond 2nd grade level of comprehension. You think cops are supposed to act like robots and have no emotions?? Would you prefer he bottled it up and didn’t ask for any mental health help and just lost it one day? Harming themselves or someone else? I saw way too much of that in the military because guys would fear repercussions for seeking help. He was CLEARED by multiple medical professionals saying that he is fit for duty.
Probably more to the story here, but as an officer I would rather them seek care and deal with the emotional toll it takes on them, than to self medicate themselves often leading to alcohol, drugs, and domestic violence and lastly suicide. Left untreated, and these issues become bigger problems and affects the others on the department. You are never “cured” of PTSD you just learn coping mechanisms, and healthy ways to deal with the issues. JoshW with your logic we wouldn’t have any police officers, no paramedics, no nurses, no doctors, no military. All of these professions are most at risk for mental illness just based on the death, and dying they see on a daily basis. Let’s not stigmatize mental illness, instead let’s make the resources readily available, encourage the use of them and not let it be a death sentence to your career. My rambling is over now
Let’s not forget Chief Lafferty made the decision not to rehire him. There has to be more to the story. I watched the newscast on channel 10 Friday evening. (I had already seen this article.) They interviewed the lawyer, and I came away with a strong feeling he was a man looking for records to draw attention. It’s a shame this young man is in the middle of perhaps something that has grown beyond his own expectations.
Seems like being a cop maybe wasn’t for him. I’d personally prefer our cops to not have PTSD, they’re already all kinds of jumpy.
Also, why do cops sue their departments every time they get axed? Normal people just find a new job.
Normal people also sue their former employer
Just so you know first having PTSD does not mean the person is weak and not be able to work. That is not the truth. I was in the military and have PTSD. I work full time so before you say something about PTSD read up on it.
I never said they were weak or unable to work, I said I’d rather those with PTSD not be cops. They wield the power of the state with a gun, arresting powers, and immunity from civil suits. They often encounter incredible stress on the job, so if you have a stress related disorder and potentially suffer from panic attacks and flashbacks, being a cop probably isn’t for you.
With that logic, since the claim of PTSD occurred on the job, and the Chief is refusing to accept him back after being cleared. One would argue he should be medically retired with a disability pension ( tax free).
I don’t know if that’s how it works, do cops still get pensions? Either way, disability makes more sense to me than rehiring does.
Jumpy already? Elaborate….please.
And normal ppl just find another job? In this day and age, that is not so easy. And with that on his record, he will always face discrimination. That’s a fact. So is why the lawsuit here and now.
But there is some truth to your comment, as to why is there a lawsuit every-time one gets axed….perhaps you need a new Chief? One more in touch with humanity, respect, empathize, offer more support with comprehensive wellness pgm of its officers. National trend now. Seems he’s running the dept of old. But to offer benefit of the doubt, Chief may be privy to more……?
If you google ‘unarmed black teenager’ you’ll see what I mean by jumpy.
And this pertains to NS police how? I have never seen a report on such from NS. You have military with PTSD all around, own guns, do you see them jumping out? Yes, some on bases and out in towns. My point is, it can happen anywhere on anyone acting ‘jumpy’ that has access to a firearm. Not just police. You cannot predict or assume this young officer will act this way. Lots of ppl with PTSD amongst us. I would like to see him get medical disability rather than a lump sum payment. This will benefit him better IMHO.
You may be right though in your assertion that he just may be too fragile, some just are not destined to be policeman, or work around any. I say the Chief just may be privy to more private info, or have a gut feeling he just is not cut out to be a cop. High stress. Triggers. So many avenues to look at this case! Will be interesting to see how this ends up.