A federal appeals court in Boston has issued a split decision in the case of Norman Harrington, an Old Town police officer who sued the Penobscot County district attorney and the city of Old Town for alleged civil-rights violations. In a decision Friday, the 1st U.S. Circuit Court of Appeals upheld the district attorney’s immunity from being sued for his decision not to prosecute Harrington’s police cases.

Also, the appellate court reversed a lower-court finding, stating that whether the city of Old Town and its town manager violated Harrington’s rights when they required the officer to undergo a sexual-response test for continued employment would be determined at trial.

Accused by several children of being a member of a Bangor sex ring, but never charged, Harrington sued the district attorney and the city for violating his constitutional rights. In April 1991, a federal judge in Portland ruled in favor of the defendants. The officer appealed, and the case was argued before the appeals court in October 1991.

The complex decision is expected to keep the case active at several court levels.

All parties indicated Monday they were uncertain what would be their next legal action.

“This case has gone on for a long time. That part’s disappointing,” said attorney Warren Silver of Bangor, representing Harrington. “The other part in which we were victorious is pleasing.”

Pointing out that “many possibilities” were open to them, Silver said he didn’t know what he was going to do, but would continue to pursue the case vigorously.

“We’re going to get our day in court,” said the attorney.

“We’re happy that the decision basically reaffirms the importance of giving prosecutors absolute immunity,” said R. Christopher Almy, district attorney. “Prosecutors have to make tough decisions all the time. If they had to look over their shoulders every single time, they wouldn’t do their job properly.”

“Obviously we would have preferred to have the lower court’s decision upheld,” said City Manager David Cole of Old Town. “The matter at this point will be evaluated, and an appropriate response will be made when the time comes.”

Cole said that the city councilors, who will meet Wednesday, had been informed of the appellate court decision.

The parties in the case have several options. Both Harrington and Old Town may ask that the split ruling, made by a three-judge panel, be reviewed by the full appellate court. They also may petition the U.S. Supreme Court to hear the case.

The portion of the case affecting Old Town’s alleged violations of Harrington’s rights can return to the lower federal court for trial, where it would be subject to the same appeals process.

The parties also could settle out of court.

Maine Attorney General Michael Carpenter said Monday that his office would continue handling the prosecution of Harrington’s police cases. Carpenter agreed last April to take over the prosecutions after Almy continued to refuse to do so and a large group of Old Town residents protested the matter to the City Council.

Harrington became the center of controversy after four Bangor children, the Lawrence children, were removed from their home by the Department of Human Services and alleged in 1985 that several local people were involved in a sex ring. The children’s parents and seven other people were convicted of sex crimes by the District Attorney’s Office.

The children continued to make allegations, and in May 1987 accused Harrington of being one of their abusers. They eventually named 170 people, including a U.S. senator and two Bangor police detectives.

As a result of a DHS investigation, Harrington temporarily lost custody of his own son and was suspended from police duties in May 1987. According to a court document, a psychologist had made a “provisional diagnosis” of pedophilia, finding that Harrington fit a profile “which identifies 6.1 percent of incarcerated child molesters.”

In March 1988, Almy gave Cole a list of people qualified to conduct a sexual profile of the police officer. The city manager asked Harrington to resign, but the officer refused and asked for reinstatement. Later that year, Harrington was asked to undergo a psychological examination, conducted by someone recommended by a person on Almy’s list. He refused after learning it was not a test usually given to police officers.

In November 1988, Cole ordered Harrington to undergo the examination or be fired. The examination included use of a penile plethysmograph, in which sexual reaction is measured by placing a gauge on the penis and the showing of sexually explicit slides.

Harrington refused to take the test, and was suspended and threatened with firing. On appealing the suspension to his union, Harrington was reinstated. After he made his first arrest, the District Attorney’s Office refused to prosecute the case.

The police officer filed his lawsuit in 1989, naming six defendants including DHS officials. Out-of-court settlements were reached with the Lawrence children’s foster mother and with DHS. In February 1991, a federal magistrate judge issued a recommendation that the court grant several defendants’ motions for judgments in their favor.

U.S. Magistrate Judge David Cohen of Portland concluded that Almy was entitled to immunity for his decision not to prosecute. Cohen concluded that City Manager Cole was entitled to qualified immunity and the city couldn’t be held liable for Cole’s actions.

Chief Judge Gene Carter accepted the magistrate’s recommendations in April 1991.