York County Sheriff's Dept. settles abuse of power lawsuit

ALFRED, Maine — A civil lawsuit alleging illegal arrest and kidnapping by two York County Sheriff's Department deputies in 2011 has ended in a settlement, according to court documents.

The suit, filed in U.S. District Court in August 2017, outlined an alleged incident involving York County Sheriff’s Office Detective-Sgt. Michael Hayes, former York County Sheriff’s Office Deputy William Vachon and retired Portland police officer Joseph Fagone. The plaintiff, identified only as John Doe, alleged that on behalf of Fagone, Hayes and Vachon terrorized him in his home, illegally arrested him and violated his rights under the U.S. Constitution's Fourth Amendment.

At issue was a disputed $850 charge Fagone's daughter wanted refunded following a limousine incident at Gillette Stadium, for which John Doe and his wife, Jane Doe, provided the limousine service. Fagone was a 25-year Portland police veteran, the suit said.

According to the lawsuit, Hayes and Vachon went to John Doe's Buxton home on Sept. 1, 2011. John Doe let the deputies into his home "thinking they were there on legitimate police business," the suit said, but he was then told, "You f***** with the wrong person."

John Doe allegedly attempted to call 911 but the deputies "threw him to the floor, took his phone and falsely arrested him for the alleged (but fictitious) crime of calling 911 in the presence of police officers." They then put him in an unmarked police cruiser handcuffed and “for 45 minutes, they pressured him to refund the $850 charge.”

After Jane Doe returned home following a phone call from Hayes, Hayes told the couple to go to a bank parking lot and give them the $850, according to the suit. Prior to the couple departing, the deputies demanded the Does sign a form asserting no excessive force was used in the encounter.

But instead of getting the money, the Does went to a family member's home and stayed there for several days. The Does tried to report the deputies' actions, according to the suit, and eventually came in contact with now-York County Sheriff William King, who said the matter would be handled internally.

"This use of official police powers to terrorize and hold up a private citizen in his own home to collect a private debt for another police officer violated the clearly established constitutional rights of John Doe and cannot be tolerated in a free society," the initial complaint reads. The county, rather than taking appropriate corrective action, "ratified and approved of the unconstitutional conduct of Hayes and Vachon."

On May 14, a status report filed by Peter Marchesi, attorney for the York County defendants, said the parties were participating in ongoing mediation and had "reached a global agreement as to the monetary terms for a settlement of the entire case."

"They continue to negotiate non-monetary terms," he wrote.

On June 21, a stipulation of dismissal was filed by both parties. Details of the settlement are not public in the court documents.

York County Manager Greg Zinser said the settlement will be paid through the county's insurance carrier. Zinser said he was in the process of going through the settlement documents to determine what aspects may be made public.

Hayes, he said, is still employed by the sheriff's department and Vachon has since moved on from his position. Whether action will be taken against either officer is going to be discussed by the county commissioners, Zinser said.

Fagone's attorney, Thomas Marjerison, said Tuesday he had no comment on the case or settlement. Doe's attorney David Webbert, King and Marchesi all did not return a request for comment.

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