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VillageSoup Belfast - ME, USA
21 February 2008

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Rockland woman files lawsuit a

The sister and guardian of a Rockland man has filed a lawsuit against the city of Rockland, the present and most-recent past police chiefs, and officer William Smith claiming deliberate indifference to the constitutional rights of civilians and claiming use of excessive force, among other allegations.

Judith Steeves of Rockland is the sister and legal guardian of 58-year-old Gary W. Ames, also of Rockland. According to the court document, Ames is "severely mentally handicapped and deaf, wearing hearing aids in both ears."

Steeves is seeking a jury trial, naming the city of Rockland, former Police Chief Alfred Ockenfels, current Police Chief Bruce Boucher and Smith. She is represented by attorney Andrews B. Campbell of Bowdoinham.

The lawsuit was filed in U.S. District Court in Portland on Feb. 15 and made public on Wednesday. Boucher and Smith declined to comment Wednesday, both citing that they had not yet seen the lawsuit or been served a summons.

According to the court document, on June 25, 2006, at 4:30 p.m., Ames and another severely mentally handicapped person, his girlfriend Marie Kavanaugh, were walking down Main Street in Rockland, holding hands. While in front of the Old Granite Inn, across from the Maine State Ferry Terminal, Ames told Kavanaugh that he wanted to go to his sister's home and look at his baseball cards.

Kavanaugh decided that she didn't want to go, according to the court document, and pulled her hand away from Ames. Ames then began to pull on her wrist to go with him, but when Kavanaugh hollered, "stop, Gary, you're hurting me," Ames released her wrist and began to walk away.

At the same time, according to the court document, Smith jumped off his patrol bike, grabbed Ames, told him not to run and handcuffed his hands behind his back.

According to the court document, Ames did not see the officer and did not hear him "but remembered being told 'not to run.'" The court document said that Ames, who had never been arrested before, never heard Smith say that Ames was under arrest.

"After the plaintiff, Gary W. Ames, had been handcuffed behind his back, the defendant, Rockland Police Officer William Smith, slammed him down on the ground causing his false teeth to fly out of his mouth," said the court document.

Once on the ground, according to the court document, "Smith continuously kicked the plaintiff in the legs and back, causing the plaintiff to suffer two cracked bones in this left leg, the total destruction of the plaintiff's left knee cap, and in the rib cage, [sic] causing permanent damage to the plaintiff's bladder."

Allegedly as a result of the injuries inflicted on Ames by Smith, Ames required a total left knee replacement, the placement of two rods in his left leg and four surgeries to repair his bladder.

On the ride to the hospital, Smith, according to the court document, rode in the back of the ambulance "so as to elicit more admissions from the plaintiff, to wit: '... did you do something wrong and is that why you ran?' Plaintiff's answer: 'yes.'"

Subsequent to Ames' arrival at Penobscot Bay Medical Center, and while allegedly "knowing" that Ames was under sedation for pain and "unable to understand the Miranda Warnings," according to the court document, Smith taped an interview with Ames "to justify the 'arrest.' " The court document also alleges that Smith knew at the time that Ames had an advocate through the Maine Department of Health and Human Services.

On July 6, 2006, Ames, through his DHHS advocate, Peggy D. Rice, filed a formal complaint regarding his arrest by Smith. According to the court document, that complaint was received by the Rockland Police Department on July 10, 2006, and two days later, an investigation was conducted by Deputy Chief Wallace Tower. A final report was ultimately mailed to Ames, according to the court document.

"The investigation, dated Aug. 17, 2006, by Rockland Police Deputy Chief Wallace Tower, sanctioned the excessive force used upon the plaintiff," as part of the Rockland Police Department's policy, according to the court document.

The lawsuit further alleges that Smith knew he had no reason to arrest or detain Ames for a "domestic assault," that Smith was insufficiently trained and supervised to recognize the "rights and basic protections [sic] of a person with mental retardation [sic]," and ignored federal and state regulations in placing Ames in handcuffs "without the approval of the mentally handicapped person's advocate [sic]."

According to the court document, Ames "was unable to form the necessary mens rea [criminal intent] to commit a crime on June 25, 2006, a fact which was understood but because of inadequate training not considered a germane, relevant or material factor [by Smith] and a direct result of improper supervised [sic] by his superiors, who, in fact, sanctioned the actions [of Smith], by letter of Deputy Chief Wallace Tower on Aug. 17, 2006."

Also according to the court document, the Knox County District Attorney's Office declined to prosecute the charges brought against Ames. In addition, Ames has been "permanently disfigured, disabled [sic] and will remain in severe pain for the remainder of his natural life."

In count one, Steeves, through attorney Campbell, claims that the city of Rockland developed and maintained policies or customs in its discipline and supervision of police officers that exhibited deliberate indifference to the constitutional rights of civilians.

The lawsuit also alleges that the city maintained a policy or custom of deliberate indifference to supervision of police officers, as well as a policy or custom of "delivered indifference in failing to discipline its police officers," including the defendants.

"As a result of this policy or custom, police officers in the city of Rockland knew that misconduct towards civilians was likely to go undetected and/or unpunished," the court document said. "Likewise, police officers in the city of Rockland knew that misconduct and harassment of the mentally handicapped, elderly, and men and women of color was likely to go undetected and/or unpunished."

Steeves, through attorney Campbell, goes on to say in count one that the city and/or the police chiefs either knew or should have known of Smith's alleged misconduct, that the arrest of Ames was done without probable cause, in a conspiratorial manner and for the "sole purpose of harassing [Ames] and individuals like him" and that arrests like Ames' were done with the intention of depriving [Ames] and others similarly situated of their constitutional rights.

At the time of the incident, the lawsuit document said, the city and/or police chief "should have implemented an early warning system to detect officers with a propensity for such misconduct as Defendant William Smith.[sic]"

The lawsuit also alleges that because the city "had a policy or custom of tolerating such acts of misconduct," police officers, in particular Smith, knew that misconduct toward civilians would not result in sanctions by their employer.

Furthermore, as a direct result, the defendants felt they could violate the civil and constitutional rights of the citizens of Rockland "with impunity and disregard," according to the court document.

"The policies and customs of the city of Rockland as described in this complaint were the moving forces behind the acts of [Smith] and others and were the cause of [Ames'] injuries," said the court document.

In count two, the lawsuit alleges that because Smith's acts were intentional, he was not entitled to protection by the Maine Tort Claims Act. The lawsuit alleges that because Smith's conduct was subsequent to the arrest and handcuffing of Ames, "then kicking [Ames] in the legs and sides of his body" after Ames was on the ground, his actions were not within the scope of his employment, and so not protected by law.

"The Maine Tort Claims Act does not provide immunity for [Smith] for his actions which were made in bad faith and exceeds granted discretion," said the court document.

Count three of the lawsuit is a claim of excessive force, alleging that Smith used deadly force by kicking Ames while he was on the ground and in handcuffs.

"Smith's conduct toward the plaintiff Gary W. Ames on June 25, 2006, was clearly 'conduct which shocks the conscience,' " said the court document.

Count four alleges "excessive force-state of Maine," and claims that the city had a policy or custom amounting to deliberate indifference, that it allegedly employed inadequately trained police officers amounting to "approval of the use of excessive force," and that its policy of approval of excessive force is the "direct cause of excessive force" upon Ames.

Counts five and six, respectively, are alleged violations of the State of Maine Civil Rights Act and the "rights of persons with mental retardation," according to the court document. Count seven alleges malicious prosecution because Smith, having known Ames and Kavanaugh for several years, according to the court document, also knew he had no reasonable belief to arrest Ames for domestic assault because he also knew the pair "were not sharing the same bed and lived [sic] at the same address, two floors apart from each other."

According to the court document, Smith "commenced criminal proceedings against [Ames] without probable cause and with malice, as exhibited by the police officer requiring the plaintiff to stand on his broken knee and leg so as to read the plaintiff's Miranda Warnings, so that plaintiff could clearly understand his Miranda Warnings because plaintiff cannot read, write, has no formal education and will clearly understand his Miranda Warnings while experiencing incredible pain. [sic]"

The lawsuit, in counts eight, nine, 10 and 11, also claims false arrest and assault, false imprisonment, negligence-negligent emotional distress, and intentional emotional distress.

In count 12, the lawsuit alleges excessive force by the city of Rockland for allegedly maintaining a policy or custom of deliberate indifference as to the supervision and discipline of its police officers.

Steeves, on behalf of Ames, is seeking unspecified punitive damages for the violation of her brother's rights, the assault, pain, suffering, emotional distress and medical expenses, as well as special damages for lost wages, attorney's fees and costs of the lawsuit.

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VillageSoup Belfast - ME, USA21 February 2008

Rockland woman files lawsuit a

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VillageSoup Belfast - ME, USA
21 February 2008