Carlos Zapata Rivera, a resident of Fitchburg, today filed a lawsuit against an acting supervisory detention and deportation officer employed by U.S. Immigration and Customs Enforcement (ICE). The lawsuit alleges the agent unlawfully applied a carotid restraint to Mr. Zapata Rivera while arresting him on Nov. 6, 2025. The Department of Homeland Security’s own policies prohibit agents from using carotid restraint techniques except when deadly force is justified.
Mr. Zapata Rivera was driving his wife to work with their one-year-old daughter when they were pulled over by several ICE agents, who informed Mr. Zapata Rivera’s wife that they intended to arrest her. The lawsuit alleges an unidentified 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.
“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.”
The lawsuit 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 falsely 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.
“Carlos has faithfully followed every step of the legal process to seek permanent status in the United States,” said Annelise Araujo, founding partner of Annelise Araujo Law and Carlos’ immigration attorney. “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.”
The complaint was filed in the U.S. District Court for the District of Massachusetts.
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