A lawyer, who represents an anonymous family, has filed a federal lawsuit against three Newtown police officers alleging that the police violated the family’s civil rights, and also certain state law, in connection with the arrest of the father of the family on several child sexual abuse charges in May 2013.
Attorney Sally A. Roberts of Hartford said November 2 that the police named in the lawsuit intentionally pursued “malicious prosecution” in the case, violating the family’s civil rights. Also, the police allegedly inflicted emotional distress on the family, violating state law, Ms Roberts said. The charges lodged against the father involved alleged intrafamilial sexual activity.
Named as defendants in the civil suit are police Officer Gladys Pisani, Detective Daniel McAnaspie, and Detective Joseph Joudy. Ofc Pisani was working as the police department’s youth officer in investigating the case. She currently is a patrol officer.
The plaintiffs in the case are listed as James Doe (the father), Mother Doe, and their three children, identified as John Doe, Jane Doe, and Youngest Child Doe. The three children were born in 2004, 2006, and 2009, respectively.
The lawsuit was filed in US District Court in New Haven on October 13. The plaintiffs are seeking a jury trial.
The lawsuit alleges that in investigating the case against James Doe, the police violated his rights under the Fourth Amendment and the Fourteenth Amendment to the US Constitution. The Fourth Amendment prohibits unreasonable searches and seizures. The Fourteenth Amendment protects civil liberties.
Town Attorney David Grogins said November 2 that he had not yet received a copy of the lawsuit, and thus had no comment. Mr Grogins said he would review the claims made in the lawsuit after receiving it.
Police Commission Chairman Joel Faxon said November 3, “We will aggressively defend the case and be vindicated.” The police completely complied with appropriate protocols and procedures in handling the criminal investigation, he said.
“There was no impropriety whatsoever on the part of our officers,” he added. Mr Faxon is an attorney.
Ms Roberts said that James Doe was a victim of false arrest by police. The situation has been “devastating” to the family, she said, adding that she sought and received court approval to have the plaintiffs in the legal action remain anonymous persons.
Police did not have the evidence necessary to prove the charges lodged against James Doe, Ms Roberts said.
Police arrested James Doe on charges of fourth-degree sexual assault, risk of injury to a minor through sexual contact, and risk of injury to a minor by impairing morals. After his May 2013 arrest, James Doe was released on $200,000 bail for an arraignment at state Superior Court in Danbury.
Police have said that they conducted the criminal investigation into the case following a complaint that they received in January 2013. That investigation led to the issuance of an arrest warrant for James Doe, which had been endorsed by a prosecutor and a judge.
According to the lawsuit, the arrest warrant application, which was submitted to the court by Ofc Pisani, “contained numerous material false statements, reckless disregard for the truth, misrepresentations, and material omissions related to every charge against James Doe.”
Additionally, the legal papers allege that three search warrant applications, which had been submitted by Det McAnaspie and Det Joudy in January and February 2013 “contained numerous false statements, reckless disregard for truth, misrepresentations, and material omissions.”
The voluminous lawsuit states, “Throughout the whole of the case, the Newtown police have behaved as though they are above the law, and that the law does not apply to them. This is wrong indefensible and inexcusable.”
“On May 26, 2016, all [criminal] charges were nolled, and the defense continued to argue that the case should be dismissed. On June 15, 2016, the defense won and all charges were dismissed,” according to the lawsuit.
Of the civil suit, Ms Roberts said, “I hope the family can get justice after the nightmare they’ve been through.”
Through the federal lawsuit, the plaintiffs are seeking actual compensatory and just money damages; punitive money damages; interest at the legal rate; attorney’s fees and costs; costs of the lawsuit; and any further relief that the court deems appropriate.
Source: newtownbee.com
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