Air National Guard colonel files suit against state, top Guard officials

A Maine Air National Guard colonel is suing the state of Maine and several top Guard administrators for more than $3 million, claiming that they conspired to violate his civil rights after he reported safety violations and the misuse of aircraft.

Col. Richard Wright of Bangor has filed a civil suit in U.S. District Court in Bangor seeking back pay, compensatory and punitive damages, and attorney fees.

Wright’s attorney, Peter Anderson of Bangor, said that a National Guard administrative hearing will be held Saturday at the Bangor National Guard base chapel to determine whether Wright, who lost his job as a civilian technician, should retain his membership in the Maine Air National Guard.

“I very much expect that they will curtail what he is able to say in his own defense,” said the attorney. Anderson said that his client hasn’t been attending Guard drills out of fear of being physically harmed.

In July 1991, the Maine Human Rights Commission, which is a plaintiff in the case with Wright, ruled unanimously that the Maine Air National Guard had violated the Bangor man’s rights. The commission approved an investigator’s findings that there were reasonable grounds to believe that the colonel had been discriminated against because of his “protected whistle-blower activities.”

Anderson said efforts were made to negotiate a settlement with the Guard after the commission’s finding, but they “simply ignored us. … We’ve gotten silence as an answer.” The attorney pointed out that the federal lawsuit involved “one agency of the state of Maine suing the state of Maine.”

Named as defendants in the lawsuit, both individually and in their work capacities, were the state of Maine; Maj. Gen. Ernest C. Park, former adjutant general, who resigned in August 1991; Brig. Gen. Nicholas Eremita of Brewer, former wing commander and air commander for the 101st Air Refueling Wing, and now chief of staff of the Air Guard; Col. Wilfred Hessert, former air operations officer and inspector general for the 101st Air Refueling Wing and now wing commander; and Brig. Gen. Nelson E. Durgin, former deputy adjutant general and now adjutant general.

“The Air National Guard disagrees with this suit, obviously. The Maine Human Rights Commission has no authority in this matter, and when it gets to federal court, all of the allegations will be settled,” said Capt. Mark Tuck, public affairs officer for the 101st Air Refueling Wing in Bangor.

The Guard’s members are federal service employees, and therefore are governed by the federal system, not the state system, he said.

Wright was chief of maintenance and deputy commander for maintenance when he began complaining to Eremita and the Air National Guard about numerous budget, personnel, safety and maintenance rules violations. The colonel, in particular, complained about Park’s supposed misuse of military airplanes.

Federal investigators found in September 1990 that Park technically broke no rules, but his use of the military planes created a “perception of misuse.”

Wright claimed in February 1990 that he was reassigned to a lesser position and was discriminated against, and in April 1990, his employment with the Guard was terminated.

In the lawsuit, the defendants are accused of engaging in a conspiracy “to rid themselves of plaintiff Wright whom they viewed as someone who is a troublemaker.”

As a result, Wright suffered loss of employment, loss of income and earning capacity, and his reputation was damaged, according to the lawsuit.

Anderson said it was hoped “that we’ll get justice, that Richard will be restored his rights, and he and his family will be compensated for that.”