Zapata Rivera v. Unknown Federal Agent John Doe
In December 2025, the ACLU of Massachusetts filed a federal lawsuit on behalf of our client, Carlos Zapata Rivera. The lawsuit alleges that an ICE agent unlawfully applied a carotid restraint to Mr. Zapata Rivera while arresting him on Nov. 6, 2025, then refused him prompt emergency medical care.
Mr. Zapata Rivera, a resident of Fitchburg, Massachusetts, was driving his wife to work with their one-year-old daughter in the car when they were pulled over by several ICE agents. The agents informed Mr. Zapata Rivera’s wife that they intended to arrest her. The lawsuit alleges an unidentified ICE agent, listed in the lawsuit as Agent John Doe, climbed into the vehicle and pressed his thumbs forcefully on Mr. Zapata Rivera’s carotid arteries, restricting blood flow to his brain. Mr. Zapata Rivera lost consciousness, and he experienced involuntary seizure-like movements. The ICE agent continued to apply the carotid restraint with at least one hand while these involuntary movements continued.
The Department of Homeland Security’s own policies prohibit agents from using carotid restraint techniques except when deadly force is justified.
The lawsuit also alleges that ICE agents refused to allow Mr. Zapata Rivera to be evaluated by emergency medical personnel at the scene. After his release, he continued to suffer severe physical symptoms and went to the emergency room for treatment.
The Department of Homeland Security’s public statements about the incident accused Mr. Zapata Rivera of faking a seizure and refusing medical care.
An immigrant from Ecuador, Mr. Zapata Rivera applied for asylum in early 2024 and has been authorized to work in the United States while that application is pending. After his counsel sent a letter to ICE requesting that the agency preserve evidence relating to this incident, ICE abruptly sent Mr. Zapata Rivera a “call-in letter” demanding that he appear with his passport at ICE’s Burlington office at 10 a.m. on Thursday, Dec. 18, 2025. It was the first time he had received such a request since early 2023.