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May 30. 2012 11:17PM
Former Weare officer sues in state court over treatment
MANCHESTER — A former Weare police sergeant filed suit in state court against two Weare police officers, five selectmen and the town, claiming they harassed and intimidated him for exercising his First Amendment free speech rights.
Louis R. Chatel Jr. said he suffered severe emotional distress and is seeking money damages in the complaint filed May 24 in Hillsborough County Superior Court-North against Weare Police Lt. James Carney, Police Chief Gregory C. Begin, selectmen Thomas Clow, Richard Butt, Keith Lacasse, James Donison and Donna Osborne and the town of Weare. Donison and Osborne no longer serve on the Board of Selectmen.
Chatel, who was a police prosecutor, made similar claims in a suit filed in U.S. District Court in 2010. In that case, Chatel alleged the defendants retaliated against him for initially refusing Carney’s order to change a report detailing why he did not bring charges against one of two suspects arrested in a 2009 undercover drug bust and later notifying the county attorney the report had been altered.
U.S. Judge Paul Barbadoro last month ruled Chatel’s federal free speech rights were not violated because Chatel was acting in his capacity as a public employee, who do not enjoy the same First Amendment protections as a private citizen.
The judge dismissed Chatel’s state claims of wrongful discharge and violation of the state Whistleblower’s Protection Act without prejudice, which enabled the suit to be brought in state court.
“The town denies any wrongdoing with regard to Mr. Chatel’s termination from employment,” Manchester attorney Mark T. Broth said Wednesday. Broth represents the town on employment-related matters.
Broth said the defendants would file their responses by the July 3 deadline set by the court.
Chatel had been a Weare police officer for about seven years when he was fired in July 29, 2010, the day his approved medical leave under the Family Medical Leave Act expired and his attorney said he was medically unable to return to work, court records say.
In the state lawsuit, Chatel mounts the same First Amendment claim that his free speech rights were violated when he complained to his superiors and the Hillsborough County Attorney’s office that Carney and Begin illegally altered his reports and conspired to keep his original versions from the county attorney and those charged in the drug case.
The county attorney’s office referred the matter to the New Hampshire Attorney General, which investigated and closed their file without taking action, court records show.
Chatel alleges Carney was angry that Chatel did not bring drug possession and distribution charges against one of the suspects and demanded Chatel write up his report of his interviews with the suspects. Chatel explained he did not bring the charges because he believed there was insufficient evidence, court records show.
Chatel in 2009 filed a grievance alleging harassment by Carney. The town hired attorney Daniel Schwarz to investigate his claims. Schwarz recommended Chatel’s grievance be dismissed. Begin closed the case.
In his suit, Chatel claims the defendants pursued a pattern of harassment against him, including taking unwarranted disciplinary actions, denying Chatel appropriate back-up or support while on duty, removing him from his position as police prosecutor and making unfounded allegations against him involving child pornography and ultimately firing him.
In February 2010, Chatel was investigating a child pornography case. As part of the investigation, Chatel, using his department-issued laptop, reviewed the alleged pornographic issues at home, court records show. Carney or Begin contacted the Attorney General’s office to prompt an investigation of Chatel for manufacturing or possessing child pornography.
The AG’s office said Chatel cooperated throughout the investigation and found no evidence to support the allegations against him, court records show.
Louis R. Chatel Jr. said he suffered severe emotional distress and is seeking money damages in the complaint filed May 24 in Hillsborough County Superior Court-North against Weare Police Lt. James Carney, Police Chief Gregory C. Begin, selectmen Thomas Clow, Richard Butt, Keith Lacasse, James Donison and Donna Osborne and the town of Weare. Donison and Osborne no longer serve on the Board of Selectmen.
Chatel, who was a police prosecutor, made similar claims in a suit filed in U.S. District Court in 2010. In that case, Chatel alleged the defendants retaliated against him for initially refusing Carney’s order to change a report detailing why he did not bring charges against one of two suspects arrested in a 2009 undercover drug bust and later notifying the county attorney the report had been altered.
U.S. Judge Paul Barbadoro last month ruled Chatel’s federal free speech rights were not violated because Chatel was acting in his capacity as a public employee, who do not enjoy the same First Amendment protections as a private citizen.
The judge dismissed Chatel’s state claims of wrongful discharge and violation of the state Whistleblower’s Protection Act without prejudice, which enabled the suit to be brought in state court.
“The town denies any wrongdoing with regard to Mr. Chatel’s termination from employment,” Manchester attorney Mark T. Broth said Wednesday. Broth represents the town on employment-related matters.
Broth said the defendants would file their responses by the July 3 deadline set by the court.
Chatel had been a Weare police officer for about seven years when he was fired in July 29, 2010, the day his approved medical leave under the Family Medical Leave Act expired and his attorney said he was medically unable to return to work, court records say.
In the state lawsuit, Chatel mounts the same First Amendment claim that his free speech rights were violated when he complained to his superiors and the Hillsborough County Attorney’s office that Carney and Begin illegally altered his reports and conspired to keep his original versions from the county attorney and those charged in the drug case.
The county attorney’s office referred the matter to the New Hampshire Attorney General, which investigated and closed their file without taking action, court records show.
Chatel alleges Carney was angry that Chatel did not bring drug possession and distribution charges against one of the suspects and demanded Chatel write up his report of his interviews with the suspects. Chatel explained he did not bring the charges because he believed there was insufficient evidence, court records show.
Chatel in 2009 filed a grievance alleging harassment by Carney. The town hired attorney Daniel Schwarz to investigate his claims. Schwarz recommended Chatel’s grievance be dismissed. Begin closed the case.
In his suit, Chatel claims the defendants pursued a pattern of harassment against him, including taking unwarranted disciplinary actions, denying Chatel appropriate back-up or support while on duty, removing him from his position as police prosecutor and making unfounded allegations against him involving child pornography and ultimately firing him.
In February 2010, Chatel was investigating a child pornography case. As part of the investigation, Chatel, using his department-issued laptop, reviewed the alleged pornographic issues at home, court records show. Carney or Begin contacted the Attorney General’s office to prompt an investigation of Chatel for manufacturing or possessing child pornography.
The AG’s office said Chatel cooperated throughout the investigation and found no evidence to support the allegations against him, court records show.
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