Jury finds officer not responsible in assault

BANGOR – A federal jury last week found in favor of an Aroostook County corrections officer who was sued by a former inmate.

The jury of two women and six men deliberated about 40 minutes on Friday before delivering their verdict in favor of defendant Aaron Neureuther after a 1 1/2-day trial.

David Franz, 22, of Fort Fairfield last year sued Neureuther, 31, of Houlton. Franz was injured two years ago while in the Aroostook County Jail on a charge of violating his probation on a drug conviction.

Franz, who sought unspecified damages, charged in his lawsuit that his injuries were a result of Neureuther’s “deliberate indifference” and violated the Eighth Amendment’s prohibition against cruel and unusual punishment. He did not sue jail or county officials.

“All in all, [Neureuther] is relieved and happy,” his attorney, Michael Schmidt of Waterville, said Friday.

Franz testified last week that on Oct. 14, 2003, he asked Neureuther to be placed in protective custody a few minutes before fellow inmate Gregory A. Libby, 37, of Crouseville “sucker punched” him in the eye after a fellow inmate covered a security camera with a checkerboard. Franz told the jury that the corrections officer told him he would discuss the matter with the sergeant after lunch.

On the stand, Neureuther denied that Libby asked for protective custody before he was injured. While Franz testified that he immediately told jail officials who had hit him, Neureuther’s supervisor, Sgt. Stephen Wright, told the jury that Franz first said that he had been injured falling out of bed and later changed his story.

Although it first appeared that Franz had just a black eye, he later was diagnosed with a fractured eye socket and cheekbone, according to court documents. Franz testified that he has continuing migraine headaches and sensitivity to light as a result of the assault. He is unable to work and receives disability, his attorney, Brett Baber of Bangor, said after the trial.

“David Franz is obviously disappointed,” Baber said Friday, “but he’s very grateful that he had his day in court.”

The attorneys agreed that, for jurors, the ultimate question was whose testimony they believed.

“For the jury to find for us, the jurors had to say, ‘We don’t believe him,'” Schmidt said.