Local News
The Fitchburg father requested to be evaluated by emergency medical services, but Agent John Doe allegedly “waved EMS away and told them, ‘He’s all good.’”
After the chaotic arrest of his wife in Fitchburg, a man who appeared to suffer a seizure-like medical episode during the arrest is suing an unidentified federal immigration agent who allegedly strangled him to unconsciousness.
Carlos Sebastian Zapata Rivera was driving his wife, 24-year-old Juliana Milena Ojeda Montoya, on Kimball Street in Fitchburg with their 1-year-old daughter last month. Immigration and Customs Enforcement agents pulled the family’s car over to arrest Ojeda Montoya, which made national headlines.
In a viral video of the arrest and in images included in the lawsuit, Zapata Rivera appeared to convulse as an agent’s hand pressed into the side of his neck, while his daughter screamed in between the front seats.
The Department of Homeland Security agent used a chokehold, also known as a carotid restraint, that is considered to be deadly force, the lawsuit alleged. DHS, which accused him of “faking a seizure,” also allegedly lied that Zapata Rivera refused medical attention and instead kept him from first responders.
During the arrest, “Agent John Doe” allegedly climbed into the vehicle and choked Zapata Rivera, causing him to experience “involuntary, seizure-like movements,” said Daniel McFadden, a managing attorney at the ACLU of Massachusetts, which is representing Zapata Rivera.
“All people in the United States have a constitutional right to be free from excessive force,” McFadden said. “Carlos posed no threat to anyone … The agent’s use of force against Carlos was dangerous, grossly excessive, and unlawful.”
After Ojeda Montoya’s arrest Nov. 6, ICE swiftly transferred her to Maine, Boston.com previously reported. A judge ordered Ojeda Montoya’s immediate release a few days later.
DHS previously said it targeted Ojeda Montoya for allegedly stabbing a coworker with scissors and throwing a trash can at her during a dispute over texts she believed the woman exchanged with her husband. State records show she pleaded not guilty and was released on her personal recognizance.
DHS accuses him of ‘faking a seizure’ but allegedly kept him from medical attention
Zapata Rivera requested to be evaluated by emergency medical services, but the lawsuit alleges that Agent John Doe “waved EMS away and told them, ‘He’s all good.’”
While the lawsuit does not name the agent, the man is identified as an ICE acting supervisory detention and deportation officer and is sued in his individual capacity.
DHS did not return a request for comment about the lawsuit, but at the time of the arrest, spokesperson Tricia McLaughlin said Zapata Rivera refused medical attention.
“Emergency Medical Personnel on the scene found no legitimate medical episode,” she wrote on social media. “ICE called 911 and the illegal alien refused any medical care… (he) refused medical help and displayed absolutely no signs of medical concerns just moments later.”
After his wife was arrested, Zapata Rivera and his daughter were driven home because he wasn’t well enough to drive, the lawsuit said. He later left work to go to the emergency room, “where he received evaluation and treatment for ‘injury due to physical assault,’ including ‘having been choked around the neck,’” the lawsuit said.
Zapata Rivera applied for asylum last year after initially being arrested by Border Patrol agents and placed in removal proceedings in 2023, according to the ACLU’s lawsuit. He was released and authorized to work in the country.
“Carlos has faithfully followed every step of the legal process to seek permanent status in the United States,” Annelise Araujo, his immigration attorney, said in a statement through the ACLU. “ICE has repeatedly misused its authority — first by employing excessive force against him, and now by using the levers of agency power to retaliate against Carlos for his decision to hold ICE to account for its actions.”
Sign up for the Today newsletter
Get everything you need to know to start your day, delivered right to your inbox every morning.
