The Biddeford man who says he was pushed into a plate glass window by an off-duty Westbrook police officer has filed a notice of claim – an initial step before filing a lawsuit – against the officer and the city.
Brian McMahon accused Detective Sgt. John Desjardins of pulling a gun on him and then pushing him into the window, which broke, during a confrontation March 17. McMahon said he was not injured.
McMahon said the incident started when he went to open the car door for someone he thought was his girlfriend. It turned out to be the wrong car.
Desjardins said he was protecting his wife against someone who was screaming and behaving erratically.
Attorney Michael Waxman has sent a notice of claim to the city on McMahon’s behalf, claiming that Desjardins, while doing duties for the city, showed his city-issued handgun and then “assaulted Mr. McMahon causing property damage and personal injury.” The claim says McMahon also suffered emotional distress.
It does not specify an amount of money being sought. The notice also says Police Chief Janine Roberts could be added to the claim if there was supervisory negligence.
Roberts has indicated that her department will conduct an investigation to coincide with the Biddeford police investigation into the incident. While an off-duty officer is not required to fill out a use-of-force report for drawing a service weapon, he or she must notify superiors, which Desjardins did.
William Baker, Westbrook’s assistant city administrator, said the claim is premature because none of the investigations are complete.
“The news reports that the plaintiff has 23 prior run-ins with the police coupled with a nonsensical story that he was trying to gallantly help his girlfriend out of a strange car make me believe the gallantry was shown by a man, who happened to be a police officer, protecting his wife,” Baker said.
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