East Millinocket, Mattawamkeag and Medway officals this week received notice that claims may be filed against the towns by 10 Hispanic migrant workers who allege false arrest and imprisonment, and violations of their civil rights.
Vern Lemieux, Mattawamkeag’s administrator, and Barbara Hartford, Medway’s administrative assistant, were both surprised at the notice. Both officials said the matter had been turned over to their respective town attorneys.
The notices Medway and Mattawamkeag received this week are very similar to one Greenville received last week. Five of the eight Hispanic migrant workers who filed notice of suit against Greenville are the same people filing notice against Mattawamkeag and Medway.
The notices were received by the three towns either Monday or Tuesday.
Peggy Daigle, East Millinocket’s administrative assistant, said Police Chief Garold Cramp had contacted the attorney representing the migrant workers to tell him the East Millinocket police had nothing to do with the incident.
At a selectmen’s meeting Tuesday, Daigle informed the board about the potential suit.
“They’re not sure who they’re going to sue, but they’re naming us all,” Daigle told the selectmen.
Daigle later said, “This is a fraudulent claim against us. I don’t consider it valid.”
Peter Darvin, a Portland attorney representing the migrant workers, said he needed to file the notices in order to preserve his clients’ legal rights. Darvin said he is continuing to investigate the claims.
“Harassment of people of different ethnic origins by police is a chronic problem with small towns,” Darvin said.
The 10 migrant workers are: Hipolito Villalobos, Fedelindo Caceres, Antero Moreno, Juan Jose Pulido, Jose Luiz Garcia, Vicente Sanchez, Santiago Guzman, Alexis Villalobos, Marvin Villalobos, and a man known only as Antolin, all who listed their address in care of Atlantic Coast Forestry of Ruckersville, Va.
If suits are filed, each of the men will seek $50,000 in damages, as well as appropriate punitive damages and attorney fees and costs, according to the notice.
None of the notices specifically identifies which town’s police officers were involved in the incident.
In the notices, the migrant workers said a police officer stopped their vehicles without probable cause on or about May 26 and requested identification and proof of lawful status from each of them.
After providing the requested documentation, the workers said police required them to follow the officers to a municipal station where they were detained for several hours. The men said no criminal charges or administrative action by the Immigration and Naturalization Service resulted from the stop.
Former Mattawamkeag Police Chief Terry Thompson said he stopped one vehicle because it had dark tinted windows, a motor vehicle violation. “You couldn’t even see in the vehicle,” he said.
In the meantime, he said another vehicle with four or five men in it also stopped. Thompson said he called Medway police for assistance because he did not know what he had. He said the men could not speak English.
The former chief said some of the men did not appear to have proper paperwork. Thompson said the incident was radioed into the Penobscot County Sheriff’s Office, who called the Border Patrol.
Thompson said Border Patrol officials asked that the men be held until they could talk with them. Escorted by police, the two vehicles of migrant workers drove to the East Millinocket police station.
Thompson said the men were not handcuffed, were not arrested and were not placed in a jail cell. He said he did not issue a summons for the dark tinted windows because the men removed the tinted material.
In the notices of suit, Darvin said the migrant workers were discriminated against and deprived of their federal civil rights on account of their race and national origin. The men allege racial prejudice and say the towns failed to properly instruct and train police officers.
“Claimants are currently unaware of the name or address of the governmental employees involved in the incident,” the notice sent to the towns stated.
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