CARIBOU – A gay man is suing the Caribou Police Department over an incident last summer during which he claims his civil rights were violated.

Jeffrey Davenport of Old Orchard Beach, formerly of Caribou, is seeking a jury trial in a complaint against the city of Caribou, Caribou police Officers Barry Dombroski, Michael Poulin and Shawn Smith, and Police Chief Michael Gahagan.

Davenport makes several allegations in his lawsuit, filed March 15 with U.S. District Court in Bangor, including:

. That he passed a field sobriety test but still was arrested.

. That his vehicle was searched without a warrant.

. That his Intoxilyzer test results were switched.

. That a bail commissioner was not called until the day after his arrest.

. That police reports tied to his case contain false information.

The lawsuit further alleges that police did this because of Davenport’s sexual orientation.

As a result of the May 11 incident, Davenport was charged with a felony count of operating under the influence of intoxicants.

According to criminal history records, Davenport has had several convictions since 1981, including for criminal mischief, theft and two previous OUIs.

Dale F. Thistle of Newport, who could not be reached for comment by Thursday afternoon, is representing Davenport in the case.

Gahagan said Wednesday that he could not speak about the matter because it is an active case, but he noted that police procedures are videotaped in the Police Department.

According to the 14-page complaint, the suit stems from what started out as a traffic stop at 11:10 p.m. May 11. The complaint states that police blocked Davenport’s car at a parking lot in Caribou. Davenport claims police pulled him over for speeding and then asked if he had been drinking. When Davenport said he had, Poulin conducted a field sobriety test.

Davenport said he passed the test but still was arrested, and his car was searched without a warrant. According to his timeline, police administered an Intoxilyzer test between 11:20 and 11:30 p.m., and he was taken to his cell by 11:35 p.m. Another man who was arrested 10 to 15 minutes after the plaintiff also took an Intoxilyzer test before midnight, the complaint states.

Davenport alleges that police improperly administered his Intoxilyzer test and replaced it with the test of a “separate individual.”

The complaint states that Davenport was not allowed bail on the night he was arrested and that a bail commissioner was not called until the next morning.

The times indicated in various police reports and the Intoxilyzer report do not match, the complaint asserts.

The complaint alleges that Davenport had an altercation several years ago with Officer Dombroski, who was serving as dispatcher on the night in question. It further alleges that the police “conspired to file erroneous police reports as a result of personal animus towards the Plaintiff for his sexual orientation.”

The complaint sets out nine counts against the defendants, including unreasonable search and seizure, conspiracy, malice, assault, negligent infliction of emotional distress, false imprisonment, malicious prosecution and violation of right to bail.

Davenport is asking for general damages, including for violations of constitutional rights, assault, and pain and suffering. He also is asking for special damages – including for lost wages, medical expenses and attorney’s fees – as well as exemplary and punitive damages. The sum is to be ascertained according to proof at the time of trial.

Gahagan said Davenport served notice to the Police Department in October 2006 of his intention to sue but that the department has not received information yet about the demand for a jury trial. He said he could not respond to the allegations because Davenport’s 2006 OUI charge is still in the court system.

“It’s still an open case, so I can’t talk about it,” Gahagan said. “I don’t want to jeopardize his civil rights by influencing the public [should he go to trial].”