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For Immediate Release: February 9, 2010
In January 2007 the Town of Wakefield, and more specifically it’s Police Department, was notified that it was named as a defendant in a civil action stemming from an arrest in May 2006. According to the plaintiff, Renee Kerr of Peabody, her constitutional rights under the equal protection clause of the US Constitution were violated. Additionally she claimed that her rights under Article 14 of the Massachusetts Declaration of Rights were violated. Her claim stated that she suffered emotional distress, panic attacks and physical harm at the hands of the Wakefield Police Department. All her claims were untrue.
The Town and the Police Department decided that this case was worthy of a full trial in federal court in front of a jury. The trial commenced on Monday February 1, 2010 in the Moakley Federal Court House in Boston. After five days of testimony in which retired Town Administrator Tom Butler, Chief Smith, retired Detective Sergeant Gerald Curran, retired Officer Steven Ramocki, Lieutenant Jack Mackay and Officer Dave Morales testified, the jury returned a verdict favorable to the Town.
“The jury returned a verdict that sent a clear message that the Wakefield Police did not violate Ms Kerr’s rights under Section 1983 of the Federal laws as well as under Clause 14 of the Massachusetts Declaration of Rights. Therefore there was no claim for compensatory or punitive damages against the Town, the Wakefield Police, Chief Smith or D/Sgt Curran” stated Chief Smith. The Chief went on to state that “we knew that Ms Kerr never suffered any infringement of her rights. The Wakefield Police did their job within the parameters of the law. I am proud of the work our officers do and their testimony demonstrated to the jury that we had done our jobs to the letter of the law. The Town of Wakefield should be proud of the work the men and women of the Wakefield Police Department do and the fact that we aim to protect
the rights of individuals, not violate them”.
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