Windham County Sheriff's Department
~ Breaking News ~

By PATRICK J. CROWLEY, Reformer Staff
Brattleboro Reformer

Both Keith Clark, former Bellows Falls Police chief and current Windham County sheriff, and the Village of Bellows Falls answered charges in documents submitted to U.S. District Court through their attorneys last week.

Wayne Ryan, owner of Nick's Food and Spirits, who is deaf and an amputee, filed a lawsuit last month claiming that his arrest in June 2006 violated his constitutional rights.

Philip C. Woodward, attorney for Clark, asked that the judge rule in his client's favor and award his costs and attorney fees, arguing that Clark had qualified immunity, official immunity and privilege in the case.

Nancy G. Sheahan, representing Bellows Falls, asked for the same judgment, arguing qualified immunity, governmental immunity and that the "defendants acted in good faith."

Both defendants denied the damaging claims of Ryan's suit, filed in federal court by Attorney Alan P. Biederman. He alleges that Clark, as chief in Bellows Falls, took action to publicize the arrest of Ryan in retaliation for critical comments made about the police department leading up to an important budget vote.

Woodward denied that claim on behalf of Clark.

Woodward declined comment on Wednesday. Attempts to reach Sheahan were unsuccessful.

In June 2006, Vermont State Trooper Eric Vitali, also being sued, and officer Christopher Brooks, not being sued, went to Nick's undercover to look for underage drinkers. Ryan refused to let Vitali into his bar after he failed to present valid identification.

Ryan eventually put his hands on Vitali's shoulders and "lightly pushed" him outside the bar. Brooks, who was allowed into the bar, called his superior, Sgt. John Dunfee, also a defendant in the suit, who arrived at the bar and told Ryan if he didn't let the officers in, he would close down the bar. Biederman alleges that Dunfee had no authority to close the bar.

Five days later, Vitali returned to the bar with several others state troopers to arrest Ryan for impeding a public officer. The arrest was made in front of a Reformer reporter and photographer who was reportedly tipped off about the arrest.

Then, in May, Judge Katherine Hayes tossed out the case against Ryan, saying that the state did not show that Ryan broke any law by not allowing Vitali into his business.

Other claims in the suit allege that the Vermont State Police failed to make accommodations for Ryan's disabilities. The suit also states that officers didn't believe that Ryan was actually deaf.

The suit, filed in federal court in Rutland, asks for a jury trial. Once all defendants have had a chance to answer the complaint (Vermont State Police, Eric Vitali and John Dunfee have yet to answer), the case will move forward into discovery.

Patrick J. Crowley can be reached at pcrowley@reform-er.com, or 802-254-2311, ext. 277.