WINSLOW — A federal court judge has dismissed most of the claims in an excessive-force lawsuit a resident filed against the Winslow Police Department and three officers.
Thursday’s order, which affirms a suggested ruling issued last month, leaves only two allegations against one of the officers to be decided in the civil case, which probably will go to trial by early next year.
William Sadulsky filed the lawsuit against officers Joshua Veilleux, Michael Michaud and Haley Fleming in 2014, alleging that they had used excessive force, illegally entered his home and unlawfully detained him when they responded to a noise complaint in January 2012 at his Quimby Lane home. During the incident, Fleming used a Taser to subdue Sadulsky.
In his original complaint, Sadulsky said Fleming had forced his way into Sadulsky’s house and then used the Taser on him as he stood with his hands raised. Sadulsky said Fleming, Michaud and Veilleux used excessive force and illegally detained him, and also alleged that the town had failed to train and supervise its officers adequately. The suit was amended later to include claims that his wife, Sarah Sadulsky, who was home at the time, suffered psychological injuries because of the incident.
The claims that Fleming used excessive force when he used the Taser on Sadulsky and of negligent infliction of emotional distress were left intact by Thursday’s order and will likely be decided at trial.
Sadulsky was arrested after the altercation and charged with assaulting Fleming and Michaud and refusing to submit to arrest. At a September 2012 trial, he was found guilty of assaulting Michaud but was acquitted of the other charge.
“The only thing left now is for the remaining claims to go to trial in the coming months,” said Edward Benjamin, an attorney from Drummond Woodsum representing the town, in an email Thursday morning.
Reached by phone on Thursday, Bangor attorney Joseph Baldacci, who represents the Sadulskys, declined to comment on the case.
A trial probably will be scheduled for December or January, Benjamin said.
Peter McGuire can be conacted at 861-9239, or at
pmcguire@centralmaine.com
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