Friday, August 22, 2014

News
Federal Court dismisses lawsuit against Town of New Hartford and Police
By NEWSChannel 2 Staff


NEW HARTFORD, N.Y. - A lawsuit against the Town of New Hartford and the New Hartford Police Department alleging harassment and violation of constitutional rights, amid other claims, during a 2009 arrest, has been dismissed by the Federal Court.

During September 2010, Douglas A. Case Jr filed a lawsuit against the Town of New Hartford and the New Hartford Police Department, alleging that during his arrest on June 15, 2009 for aggravated harassment, his constitutional rights were violated, in addition to violations of the New York State Constitution, including a violation of the due process clause, false arrest, malicious prosecution, abuse of process, defamation of character, intentional infliction of emotional distress and negligence.

The civil action, which was brought by Case against the Town of New Hartford, Peter Colburn, Michael Inserra and Karen Case has been dismissed by US District Judge Norman A. Mordue, the Police Department stated on Wednesday.

During the month of December 2012, Case and all attorneys involved signed a stipulation of dismissal with prejudice, which was filed with the court and then signed by a U.S. Magistrate, effectively ending the litigation.