Jury clears former police chief accused in lawsuit By Patricia Cronin Staff writer
DANVERS - A federal jury has rejected claims made by a Danvers woman that former police Chief Stuart Chase violated her civil rights when he arrested her for trespassing in his office in 2003.
After a brief deliberation, the jury determined on Thursday that Chase did not violate the woman's right to petition the government and did not arrest her without probable cause.
The lawsuit, which was filed in U.S. District Court in Boston, sought punitive damages, which the jury did not award.
"We felt clearly that there was no evidence to support the allegations, and we were pleased to have that confirmed by the jury's decision," Town Manager Wayne Marquis said Friday. "We're glad to have that behind us, and I know Stu is, too."
Cynthia Kennedy, 50, of Rand Circle had gone to the police station on Sept. 29, 2003, to speak to the chief about a problem with an officer. According to court documents, Lt. David Woytovich had been to her home earlier and told her to move an unregistered car parked on the curb. When she tried to show him a notice from the town giving her 30 days to move the car, Woytovich threatened to arrest her for loitering.
"I knew the police weren't going to be happy about me making a complaint," Kennedy said on Friday. "I was trying to be very polite and discreet. That's why I was trying to speak with the chief."
But an attorney for Chase said Kennedy was anything but discreet when she "flew off the handle" and began yelling at police.
According to testimony provided during the trial by other police officers and by current police Chief Neil Ouellette, who was in Chase's office when the incident occurred, Kennedy was agitated when she was told she would have to leave and file her complaint at another time.
When Kennedy asked, "Don't I have the right to file a complaint?" she said that Chase replied, "You have a right to get out of here. There's the stairs."
Kennedy said Chase grabbed her with enough force to leave bruises on her arm and then arrested her.
After she was fingerprinted, she was given a complaint form to fill out. The trespassing charge was dropped in court the following day, but Kennedy was assessed $50 in court fees.
When reached by telephone yesterday, Ouellette would not comment on the jury's decision.
Kennedy said, however, she was happy to have brought the case to trial, even if she lost the case.
"I'm depressed, but happy I was able to fight for my constitutional rights," she said.
Chase retired in January 2005 after 35 years with the police department, two of them as chief. He is now chief of police in Wolfeboro, N.H. He could not be reached on Friday for comment.
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