Judge sinks suit against Caribou police

BANGOR – A federal judge has shut down an Old Orchard Beach man’s lawsuit against Caribou police over his drunken driving arrest two years ago.

U.S. Magistrate Judge Margaret Kravchuk last week recommended that summary judgment be granted to the defendants – the city of Caribou, the police chief and three police officers. She found that the police acted properly when they arrested Jeffrey Davenport on May 11, 2006, in the parking lot of the Skyway Plaza.

She issued her 32-page ruling on May 22.

Davenport, formerly of Caribou, sued the city of Caribou, Police Chief Michael Gahagan and Officers Barry Dombroski, Michael Poulin and Shaw Smith last year in U.S. District Court in Bangor claiming that his civil rights had been violated and that police had discriminated against him because he is a homosexual.

He was charged with Class C operating a motor vehicle while under the influence of intoxicants in Aroostook County. That case is pending in Superior Court in Caribou. If convicted, Davenport faces a minimum of 40 days in jail, a maximum of five years in prison and a mandatory fine of $1,400.

Davenport’s criminal record includes two drunken driving convictions in 1998 and a conviction the next year for driving while under license suspension. At the time of his arrest in 2006, Davenport’s driver’s license was restricted and he was prohibited from using any alcohol before driving.

His blood alcohol level, according to court documents, was 0.185 percent or twice the legal limit of 0.08 percent more than an hour after his arrest. He also admitted taking sleeping pills before drinking vodka and driving.

The federal judge found:

. Davenport tried to avoid taking an Intoxylizer test by chewing on a piece of paper, drinking water and insisting on calling his partner.

. Davenport was not improperly denied bail because his partner had access to the $1,500 cash bail, but did not post it until the next day.

. The officers had probable cause to stop and arrest Davenport.

. Caribou police did not discriminate against Davenport based on his sexual orientation.

Kravchuk’s ruling is subject to review by U.S. District Judge John Woodcock. It would be highly unusual for Woodcock to overturn her decision.

jharrison@bangordailynews.net

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