(NECN: Scot Yount, North Andover, Mass.) - The family of a Massachusetts man who died in police custody takes their claim to federal court. Kenneth Howe died after an arrest at a sobriety checkpoint. His family alleges police beat him to death. Now, dozens of law enforcement officials are named in a wrongful death lawsuit.
The dramatic pictures 43 in all were captured on the cameras of the Lawrence Eagle Tribune that late November night. State and local police had set up a sobriety checkpoint nearby.
Kenneth Howe, being arrested in these pictures for allegedly striking a trooper and trying to flee, died later that night in police custody at the North Andover State Police barracks while being booked.
Margaret Howe/Lost Husband: "I just want justice done for me, my kids and for Kenny."
Now Kenneth Howe's family has filed a civil lawsuit in federal court.
Attorney Frances King/Family Attorney: "As I have said from the very beginning you do not beat them to death."
Margaret Howe/Lost Husband: "He was there everyday for us, now he's gone-he won't even call us, no phone call no nothing, it's hard, especially with my kids being without a dad now."
The medical examiner last week ruled the 45-year-old's death a homicide, citing "blunt impact of head and torso with compression of chest." Cardiovascular disease was listed as a contributing condition.
More than 30 state troopers, North Andover police officers and officers from the Essex County Sheriff's Office are named as defendants in the civil case.
The Essex County DA is investigating possible criminal wrongdoing, but Howe's attorney has called for a federal probe.
Leonard Kesten/North Andover Police Attorney: "The criminal side is being investigated, I understand they are meeting with the US Attorney and they are investigating, their investigations are not finished at all, and for a have a lawyer screaming these people are murders is grossly unfair and wrong."
Leonard Kesten says he has talked to many of the officers involved and points to the fact that an autopsy has not been completed.
Leonard Kesten/North Andover Police Attorney: "We know he died, it is awful but you can't be screaming he was beaten to death when the facts simply don't support it."
Leonard Kesten/North Andover Police Attorney: "Homicide does not mean there is criminal intent."