Groton–– A state trooper who alleged he was bitten in the scrotum by a town police dog two years ago is suing the town, the town police chief and the former police officer who handled the dog.
Trooper Michael Thomas is seeking compensatory and punitive damages in connection with the incident, which occurred Oct. 6, 2002, at the Groton Town police station. Thomas has charged that former town Officer Albert Smythe “intentionally directed” his bomb-detection dog to attack him.
Thomas, a trooper for more than 10 years, also is suing Smythe for slander, claiming Smythe tried “to demean, harm and disparage” him by providing and spreading false information about the incident.
Smythe has since joined another law enforcement agency in Florida. The dog has been exchanged for a drug-sniffing dog.
Police Chief David N. Vanasse Sr. could not be reached to comment Thursday. Town officials said the suit has been referred to the town's insurance agent and that no attorney has been assigned to it.
Thomas declined to comment, referring questions to his attorneys.
Thomas tried to resolve the matter with the town without litigation, but was unable to do so, according to Michael P. Lynch, one of his lawyers.
“He wants to redress the wrong that occurred, and you also hope no one else is put in that type of situation he was faced with,” Lynch said.
An internal police investigation, released in July 2003, found that Smythe engaged in “unbecoming conduct” and violated three counts of the department's rules regarding handlers and their police dogs. Those findings could have led to a demotion, suspension or termination, but Smythe resigned before he could be disciplined.
The investigation did not establish whether the dog bit Thomas. It did find that Smythe failed to properly control the dog.
According to police, the town launched the probe after receiving a report from a local hospital about Thomas' treatment for “soft tissue trauma” in his penile area. A clinical exam found blood in his urine, but no cuts in the scrotum area.
Police have said Smythe and Thomas knew each other when they worked briefly with the Statewide Narcotics Task Force in the late 1990s. The probe found there was animosity between them, but Lynch said it didn't come from Thomas.
The police investigation found Smythe and Thomas had a brief exchange a couple of hours before the alleged dog-biting when Smythe said he saw Thomas interact inappropriately with an unnamed female town officer.
The female officer told investigators that Thomas, a close friend, did nothing improper or offensive. She reported that Smythe told her he thought Thomas was accusing him of the dog-biting to counter any claim Smythe may bring against the trooper for harassment.
In the 16-page lawsuit, Thomas claims the town and Smythe engaged in assault, battery, false imprisonment, negligence, unreasonable seizure and denial of due process. The lawsuit also accuses Vanasse of negligence for the department's failure to provide proper training to dog handlers and improper screening of officers for such assignments.
g.alcedo@theday.com
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