The Day

Man plans to sue after being mistaken for murder suspect Judge: Hernandez’s child can’t sue NFL over brain disease

- By MARYCLAIRE DALE

New Britain (AP) — A Connecticu­t man plans to sue two towns after he was mistaken for a murder suspect with the same name and arrested.

Attorney Robert Berke says he has filed his intent to sue Southingto­n and New Britain police after his client Benjamin Morales’ arrest.

Berke says Morales was arrested at a Southingto­n hotel at 4 a.m. on Feb. 5 and handcuffed for several hours during a police search for the suspect in the killing of Alice Marie Figueroa.

Figueroa was shot multiple times in New Britain on Feb. 4.Morales says his arrest frightened his children, and his wife was handcuffed. Police eventually released the Waterbury resident after determinin­g they had the wrong man. Berke says his client looks different from the suspect.

New Britain and Southingto­n police declined to comment.

Philadelph­ia — The 6-yearold daughter of the late NFL player Aaron Hernandez missed a 2014 deadline to opt out of the league’s concussion settlement and can’t separately pursue a $20 million suit over his diagnosis of a degenerati­ve brain disease, a judge ruled.

Yet Hernandez’s death in 2017 came too late for his family to seek up to $4 million in compensati­on for suicides related to chronic traumatic encephalop­athy under the class action settlement.

Hernandez spent three years with the New England Patriots before his 2013 arrest on the first of three homicide charges. The Patriots terminated his $40 million contract, and he never returned to the NFL.

U.S. District Judge Anita Brody in Philadelph­ia — where lawsuits were consolidat­ed alleging the NFL hid what it knew about the risks of concussion injuries — ruled Thursday that he was effectivel­y retired and therefore, along with his family, bound by the class action settlement for NFL retirees.

Under terms of the concussion settlement, the judge said, “The crux of the issue is whether Hernandez was ‘seeking active employment’ as an NFL football player as of July 7, 2014. He was not. On this date, Hernandez had been imprisoned — without bail — for nearly a year.”

Family lawyer Brad Sohn argued that Hernandez had not retired but hoped to be exonerated and return to the league. His daughter, Sohn said, should therefore be able to pursue her “loss of consortium” lawsuit in her home state of Massachuse­tts.

“No matter what anybody wants to say about Aaron Hernandez, she will have to live with the fact that she doesn’t have a parent for the rest of her life,” Sohn said Friday.

Hernandez was convicted in the first homicide case in 2015 but acquitted of an unrelated double homicide in April 2017. He took his life days later in prison.

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