Ex-Policeman Sues Town Over Suspension,

Seeks Money Damages 

By Andrew Gorosko

A former policeman, who was briefly suspended from work before he resigned from the police department in 2003, has filed a lawsuit against the town in seeking money damages and other remedies from the court.

In a discrimination lawsuit filed December 22 in Bridgeport Superior Court, former police patrol officer Thomas R. Fitzsimmons, currently of Hypoluxo, Fla., seeks a variety of remedies for what he claims was his unfair treatment by supervisors while he was an officer.

Mr Fitzsimmons was a Newtown patrol officer from June 1995 until November 2003, when he resigned his position.

Through the lawsuit, Mr Fitzsimmons seeks to have a judge issue a permanent injunction ordering the town to formally rescind a four-day suspension that he received in July 2003, and to make appropriate adjustments to his personnel file reflecting such a rescission of the suspension.

Mr Fitzsimmons also seeks an unspecified amount of money damages, exceeding $15,000. The ex-policeman also is seeking both compensatory and punitive damages. He also wants attorney’s fees and related costs to be reimbursed to him by the town, plus other relief as deemed appropriate by the court.

In the lawsuit, Mr Fitzsimmons states that in 1998 he was diagnosed as having carpal tunnel syndrome as result of injuries he sustained while he was employed as a policeman by the town. The malady is a painful or numb condition of the wrist and hand often caused by repetitive movement.

After that diagnosis and continuing until his departure from the organization, Mr Fitzsimmons was covered by a Workers’ Compensation claim that he had filed concerning the problem, the lawsuit states. As such, Mr Fitzsimmons requested and was placed on light duty, it adds.

The legal papers state that in response to his filing a Workers’ Compensation claim, the town “retaliated and discriminated” against him.

The lawsuit alleges that on June 23, 2003, Mr Fitzsimmons was reprimanded for engaging in unspecified conduct which Mr Fitzsimmons knew was permitted and was performed by other police officers.

The lawsuit also charges that on June 24, 2003, Mr Fitzsimmons was reprimanded for not having completed a work assignment that had no “due date,” and which was inconsistent with Mr Fitzsimmons’ light duty work restrictions.

Mr Fitzsimmons’ behavior was the subject of an internal investigation on June 23 and 24, 2003, the legal papers add.

In July 2003, Mr Fitzsimmons received a four-day work suspension as a result of that internal investigation.

Mr Fitzsimmons claims that the suspension stemmed from his having exercised his legal rights as specified by the Connecticut Workers’ Compensation Act.

The ex-policeman alleges that the town’s handling of his case was “malicious, wanton, or taken with reckless disregard” for his rights as specified by applicable state law.

Mr Fitzsimmons contends that due to the town’s handling of his case, he has suffered and will continue to suffer damages, including severe mental anguish, physical and emotional distress, humiliation, embarrassment, pain and suffering, loss of enjoyment of life, loss of wages and other benefits of employment, and loss of earning capacity.

The lawsuit adds that Mr Fitzsimmons has been forced to incur attorney’s fees and costs in connection with his legal action against the town.

Mr Fitzsimmons is represented by attorney Marc P. Mercier, of the law firm Beck & Eldergill, PC, of Manchester and Hartford. 

The town has a January 24 return date in Bridgeport Superior Court in the pending litigation.

In response to Mr Fitzsimmon’s lawsuit, Police Chief Michael Kehoe this week initially said that he would have no comment on the matter.

The police chief then added that the town will vigorously defend itself in court, charging that Mr Fitzsimmons’ allegations are unfounded.