AUBURN — A lawsuit filed by an Androscoggin County Jail corrections officer against the county and sheriff over the guard’s suspension for hitting an inmate was transferred to federal court.

An attorney for the sheriff, who sought to remove the case to U.S. District Court in Portland, said the plaintiff claimed his federal civil rights had been violated. For that reason, federal court has jurisdiction, Peter Marchesi wrote in an affidavit filed Aug. 20.

In his complaint, filed in Androscoggin County Superior Court in July, Shane Thomas wrote that he suffered professional and personal injuries, including lost wages and benefits, stemming from his suspension by the sheriff.

Desjardins disciplined Thomas in a Nov. 4 incident at the jail. Thomas was assigned to the day shift as an acting corporal. During his shift, he punched an uncooperative maximum-security inmate in the head.

Desjardins put Thomas on a three-day, unpaid suspension. He also was issued a letter of reprimand and a 90-day probationary period. He was ordered to undergo remedial training in use of force and restraints.

Through his attorney, John Chapman, Thomas characterized the punch as a “softening blow” to the side of the head of inmate Shane Edwards, 27, of Lewiston who was lying on the floor with his hands cuffed behind his back. The punch apparently didn’t injure Edwards.

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Desjardins called the punch a “hard contact,” which he said violated the jail’s “use of force and restraint” policy. Thomas’ attorney said the Sheriff’s Department had no rules or regulations barring officers from striking inmates with a fist or hitting an inmate in the head.

Chapman said the inmate had tried to slam a jail door on his client and had struggled and fought with Thomas.

The inmate reported the incident, which was forwarded to the Auburn Police Department. No charges were brought against Thomas from the resulting investigation by the District Attorney’s Office.

The Maine Criminal Justice Academy dismissed Desjardins’ complaint against Thomas based on the Nov. 4 incident.

On Jan. 22, Desjardins called Thomas into a meeting where he issued his decision to suspend him. He also presented him with a letter of reprimand, citing jail policy.

In his Aug. 30 response to Thomas’ complaint, Marchesi wrote on behalf of the defendants that some of the details of the jail incident asserted by Thomas are unknown to the defendants.

Marchesi also wrote that the disciplinary process provided to Thomas was “sufficient to comply with constitutional requirements” and a hearing before Desjardins’ actions wasn’t required.

Marchesi also sought a jury trial in federal court for the defendants.

cwilliams@sunjournal.com


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