Mark Sherman is a bigger than average man. On the night of his arrest in September 2012, the 6-foot-2 Vernon resident weighed in at 260 pounds and, he claims, he immediately knew there was no way he would be able to fit in the back seat of the Dodge Charger police cruiser that would be used to transport him to the Vernon Police Department for processing.

Even after expressing his concerns, Sherman said he was nevertheless told by the arresting officers that he needed to get into the backseat. He claims he found himself virtually lying down on the seat, as he attempted to relieve the pressure and pain caused by the handcuffs on his wrists.