BOSTON — A Fitchburg resident has filed a federal lawsuit against an acting supervisory detention and deportation officer with U.S. Immigration and Customs Enforcement (ICE), alleging the unlawful use of excessive force during a vehicle stop and arrest last month, the ACLU of Massachusetts announced in a statement.
The complaint, which was filed in the U.S. District Court for the District of Massachusetts, alleges that the ICE agent unlawfully applied a carotid restraint to Carlos Zapata Rivera while arresting him on Nov. 6, 2025, which caused him to lose consciousness and suffer “involuntary, seizure-like movements.”
“The Department of Homeland Security’s own policies prohibit agents from using carotid restraint techniques except when deadly force is justified,” ACLU Massachusetts said in its statement.
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Zapata Rivera was driving his wife to work with their one-year-old daughter when several ICE agents pulled them over and informed his wife that she was going to be arrested, ACLU Massachusetts reported. An unidentified agent, identified in the lawsuit as “Agent John Doe,” allegedly climbed into the vehicle and forcefully pressed his thumbs against Zapata Rivera’s carotid arteries, restricting blood flow to his brain. ACLU Massachusetts said the agent continued applying the restraint with at least one hand even after Zapata Rivera lost consciousness and experienced involuntary, seizure-like movements.
“All people in the United States have a constitutional right to be free from excessive force,” said Daniel McFadden, a managing attorney at the ACLU of Massachusetts. “Carlos posed no threat to anyone. Yet this lawsuit alleges a federal agent compressed the blood vessels in his neck until he lost consciousness and suffered involuntary, seizure-like movements. The agent’s use of force against Carlos was dangerous, grossly excessive, and unlawful.”
ICE grabs father by the neck—send him into violent seizure while his arms lock up around his toddler.
— LongTime🤓FirstTime👨💻 (@LongTimeHistory) November 7, 2025
"He's having seizure and they're trying to rip the baby out of his hands!"
Agents then handcuff him—before putting in ambulance with his child.
Mother is detained by agents as… pic.twitter.com/6vzFKArdJb
The lawsuit also alleges ICE agents refused to allow Zapata Rivera to be evaluated by emergency medical personnel at the scene. After his release, he continued to experience severe physical symptoms and later sought treatment at an emergency room.
“The Department of Homeland Security’s public statements about the incident falsely accused Mr. Zapata Rivera of faking a seizure and refusing medical care,” the ACLU Massachusetts said in its statement.
More: Man appears to convulse during Fitchburg ICE arrest; DHS disputes medical episode
Zapata Rivera, an immigrant from Ecuador, applied for asylum in early 2024 and has been authorized to work in the United States while his application is pending, according to ACLU Massachusetts. After his attorneys sent a letter to ICE that requested the agency preserve evidence related to the incident, ICE allegedly issued Zapata Rivera a “Call-In Letter” instructing him to appear with his passport at the agency’s Burlington office on Dec. 18, 2025 — the first such request he had received since early 2023.
“Carlos has faithfully followed every step of the legal process to seek permanent status in the United States,” said Annelise Araujo, Zapata Rivera’s immigration attorney and founding partner of Annelise Araujo Law. “In response, 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.”
