Ex-Seekonk chiefs, officers are target of lawsuit
BY JOSEPH S. SIEGEL FOR THE SUN CHRONICLE
Thursday, May 1, 2008 1:34 AM EDT
SEEKONK - Two former police chiefs, along with two current police officers, are the targets of a federal lawsuit filed in Boston by Police Capt. Gary Jones and former Selectman Steven Howitt.
The lawsuit alleges that former Police Chiefs Vito Scotti and Wayne Mackiewicz, Capt. Craig Mace and Lt. Frank John violated Jones and Howitt's civil rights by conducting an extensive investigation into a license-plate check that Jones did as a favor for Howitt in 2005.
Jones and Howitt claim their rights to free speech and due process were violated, and their reputations were tarnished as a result. The former chiefs and two officers sought "not to find the truth or treat Jones fairly but, rather to institute and maintain disciplinary proceedings against Jones that were undertaken with malice," the complaint charges.
Jones was placed on a 10-day paid suspension for his conduct by Mackiewicz, who had been appointed interim chief following Scotti's resignation. Mackiewicz affirmed the charges against Jones, determining that Jones had lied twice and had violated several department policies.
Scotti chose John and Mace to lead the internal investigation - two officers who, the suit alleges, shared Scotti's disdain of Jones.
Howitt had requested Jones to run a license plate check on a suspicious car parked in the vicinity of his business. Howitt used that information to confront the driver, who was a Rhode Island private investigator, working on a workers' compensation fraud case involving an employee of Howitt's construction company.
Scotti conducted an investigation into the matter and determined Jones lied four times under oath. Scotti said Jones violated a dozen other department rules - including conduct unbecoming an officer, duty to obey and misuse of his official position.
Jones appealed his suspension to the selectmen, which held a three-day public grievance hearing and upheld Jones' suspension.
Last November, Jones' suspension was overturned by an arbitrator, who said that the police department did not have "just cause" to suspend Jones. The decision also said there was no proof that Jones lied or acted inappropriately. The town was ordered to reimburse Jones $2,634 in unpaid wages, and to remove the disciplinary action from his record.
Jones and Howitt are being presented by Providence attorney John Reilly.
In a description of the case which appears on Reilly's Web site, Reilly said, "It was revealed that the police "investigators" had no true basis to bring charges, but despite this had improperly obtained private information such as the telephone records of Mr. Howitt and Captain Jones and forbidden Jones to associate with not only Mr. Howitt, but several other perceived "enemies" of former Chief Vito Scotti."
Scotti declined comment on the matter. Mace and John did not return calls to The Sun Chronicle.
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