A civil suit brought by a resident against a Winslow police officer he claims used excessive force against him in a confrontation four years ago will go to a jury trial in federal court in Bangor this week.
William and Sandra Sadulsky, of Quimby Lane, in 2014 sued the town of Winslow and Winslow Police Officers Haley Fleming, Joshua Veilleux and Michael Michaud, alleging William Sadulsky’s constitutional rights were violated when officers used a Taser against him without provocation after responding to a noise complaint at his home.
A judge in September dismissed the complaint against the town, Michaud and Veilleux, but an excessive force claim against Fleming will move ahead to a jury trial. Fleming denies the allegations. He says Sadulsky attacked him and Michaud when they came to the door and Sadulsky put Michaud in a head lock before Fleming used his Taser to subdue him.
Jury selection is scheduled Tuesday. The case is docketed for opening arguments on Wednesday morning.
William Sadulsky alleges Fleming and Michaud responded to a noise complaint at his home on the evening of Jan. 2, 2012, and when he opened the door to let them in, Fleming charged into the house and pursued Sadulsky to his living room, where he repeatedly stunned him. Sadulsky claims he injured his rotator cuff when Fleming roughly pulled him up from where he was positioned, handcuffed on the floor. That injury is among a number of severe psychological injuries William Sadulsky and his wife, Sandra Sadulsky, endured as a result of the incident, the plaintiffs claim.
In a trial brief filed with the court Wednesday, the couple’s attorney, Joseph Baldacci, said Fleming dealt with the situation in an “unnecessarily confrontational way” and showed “reckless or callous indifference” to Sadulsky’s rights when he forcefully pulled him to his feet.
“Tasing a 65-year-old man in his own home, multiple times, in front of his wife, as part of a simple noise complaint call may and should shock the sensibilities of the jury,” Baldacci said. The couple are asking to be awarded $40,208 in damages to pay for medical bills and damage to their home as a result of the altercation and additional compensation to be determined by the jury.
Fleming, however, said that Sadulsky was aggressive and hostile, struggled with the two officers and pulled Fleming into the house after opening the door. Sadulsky fought with both officers, Fleming said, and at one point put Michaud in a choke hold before the officer was able to get away and that he tried to use his Taser to subdue him.
Fleming denies that he used too much force when he brought Sadulsky to his feet and contends that he did not complain of pain or injury when he was taken into custody.
In a trial brief, Fleming’s attorney, Edward Benjamin, from the Drummond Woodsum law firm, said Fleming faced a large, agitated man who quickly became assaultive, which gave him the right to use “a reasonable degree of physical force” to take Sadulsky into custody.
“The officers reasonably believed that Mr. Sadulsky posed a direct threat to their safety,” Benjamin said in the brief.
The injuries Sadulsky suffered as a result of the interaction were also not the result of intentional excessive use of force, but at most negligent application of force, Benjamin said.
Peter McGuire — 861-9239
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