A federal court judge has ruled in favor of the city of Westbrook in a lawsuit accusing its police department of wrongfully issuing a no-trespassing order to evict a couple from their apartment in 2013.

The lawsuit accused police of violating the constitutional rights of Anne Blake and Kevin McBride, who were living in a second-floor apartment at 277 Main St. in Westbrook. It was filed in U.S. District Court in Portland by Pine Tree Legal Assistance and the American Civil Liberties Union of Maine on behalf of the couple.

U.S. District Court Judge D. Brock Hornby had previously ruled against Blake, because landlords Marc and Amie LeClerc had properly evicted her for nonpayment of rent before police issued the trespass notice. They had not filed an eviction complaint against McBride, who was living with her.

The lawsuit claimed the no-trespass order against McBride was improper because he had not been evicted and the order denied his right, under the 14th Amendment, to appeal being banned from his own home.

However, the plaintiffs did not prove that Westbrook has a policy of using no-trespass orders to evict tenants, which freed the city of liability in the case, Hornby wrote in his Sept. 4 decision.

According to court documents, the landlords asked police for help in removing Blake from the apartment, where they suspected other people were staying. Police decided to go to the apartment and serve trespass notices to anyone there, which occurred as soon as Blake, and later McBride, returned home.

Although a jury trial determined McBride should have also been considered a tenant, the police captain did not know that when giving the order to serve the notices.

Also, because neither the captain nor the officers set policy, the city is not liable for the police decision to issue the trespass notice, Hornby ruled.

An attorney from Pine Tree Legal Assistance, Frank D’Alessandro, said it’s important to note that the judge said in his decision it was wrong for the officers to force McBride out of his apartment and that it “produced dire consequences.”

According to court documents, the couple lived at a Motel 6 until they ran out of money, then started camping in the woods. The situation put strain on their long-term relationship, which has since ended.

D’Alessandro said Pine Tree Legal Assistance is considering an appeal.