State trooper seeks dismissal of charges in lawsuit

By NICOLE ORNE, Reformer Staff
Brattleboro Reformer

Monday, October 29
BELLOWS FALLS -- The attorney representing the Vermont State Police and Trooper Eric Vitali in a civil case brought by Wayne Ryan, owner of Nick's Food and Spirits, filed a motion last week requesting that the court dismiss all charges against Vitali and one against the Vermont Police.

Ryan is also suing the Village of Bellows Falls, former Bellows Falls Police Chief Keith Clark, and Bellows Falls Police Sgt. John Dunfee over his arrest in June 2006, which Ryan says violated his constitutional rights.

Ryan was arrested following an incident with the state police, who were denied access to Nick's to look for underage drinkers. Ryan was cited with impeding a public officer. The arrest was made in front of a Reformer reporter and photographer who was reportedly tipped off about the arrest.

Ryan's attorney, Alan Biederman, alleges that Clark publicized the arrest in retaliation for critical comments made about the police department prior to an important budget vote.

He also claims that the state police did not make accommodations for his disabilities. Ryan is deaf and an amputee.

Attorney Caroline Earle claims the suit against Vitali should be dropped because an individual cannot be liable under the Americans with Disabilities Act or Rehabilitation Act.

Ryan also claims that Vitali and the state police violated Article 11 of the Vermont Constitution, because no arrest warrant was issued.

Earle asserts that the officers had probable cause and that the "Eleventh Amendment of the U.S. Constitution bars claims brought in federal court against a state official acting in his official capacity."

Lastly, she states that Vitali cannot be sued under Vermont's Fair Housing and Public Accommodations law because of qualified immunity.

While Earle expects to submit a motion to dismiss the rest of the charges against the state police, she said that legally she can't do that all at once. "It does not mean we're conceding, but we cannot, as a matter of law, appeal for dismissal at this stage."

She felt that the case was strong for the defense and was confident it would be dismissed. "We do feel very seriously any allegations like these against the state and our employees," she said. "We want (Vitali) to keep being a state trooper day in and day out and not have to worry about litigation."

Ryan will have 30 business days to file an opposition to this request, after which Earle will have another 10 days to responded to any opposition.

Nicole Orne can be reached at norne@reformer.com or 802-254-2311, ext. 277.