Former Castleton University public safety officer files lawsuit after being arrested
CASTLETON VT March 8 2018 A former Castleton University public safety officer is suing the town, saying a 2015 arrest violated his civil rights.
William Duczeminski filed the lawsuit Monday in federal court, seeking a minimum of $75,000. The lawsuit asserts that an unnamed Castleton police officer arrested Duczeminski “unlawfully,” “without probable cuase (sic),” and “maliciously.” It also claims the officer pointed a Taser at Duczeminski during the arrest, which was “excessive and unreasonable.”
Castleton Police Chief Peter Mantello referred questions to Town Manager Michael Jones, who did not immediately return calls seeking comment Tuesday.
The lawsuit said the arrest was triggered by a dispute in March 2015 between Duczeminski and Keith Molinari, public safety director for CU, in the university’s public safety office.
“Plaintiff was retiring from his job as a Public Safety Officer and was authorized by Castleton University President David Wolk to be in his office so plaintiff could clean out his belongings,” the complaint reads.
Asked why a retiring employee would need the president’s permission to clean out his office, Molinari said that was an “insightful question.”
“It’s missing an enormous amount of detail,” Molinari said of the lawsuit’s description of how the incident began. “As it’s portrayed, it’s grossly inaccurate. I look forward to being on the stand to address what took place — if I ever get on the stand.”
Molinari said he was not comfortable elaborating outside of a courtroom, or even discussing the nature of his disagreement with Duczeminski.
“I don’t think I’m legally able to discuss a personnel issue from the college against an employee,” he said.
The lawsuit says that while Duczeminski cleaned out his desk, Molinari began harassing him and calling him “various derogatory names,” resulting in an argument with “both parties yelling back and forth at each other.”
Molinari said that account of the dispute was also rife with omissions.
“It looks like an attempt to slander me through inaccuracies in the statement,” Molinari said.
However it began, the argument drew the attention of a Castleton police officer who was in the building on an unrelated matter, according to the lawsuit. Rather than tell Molinari to leave Duczeminski alone, the lawsuit says, the officer demanded Duczeminski leave the building, and then drew his Taser and arrested him as he tried to go to Wolk’s office.
The lawsuit said Duczeminski suffers from anxiety and could not breathe after he was handcuffed, resulting in a trip to the emergency room at Rutland Regional Medical Center.
Duczeminski was charged with disorderly conduct and resisting arrest, according to the lawsuit, and was acquitted at trial in 2016.
The lawsuit says the arrest violated Duczeminski’s Fourth and 14th Amendment rights and caused “great physical and emotional pain and humiliation.”
Matthew Hart, Duczeminski’s lawyer, did not immediately return a call seeking comment.
Rutland Herald
