Court
dismisses lawsuit against Thurmont
By Nicole Belanger
Contributing Writer
With
the recent ruling by the Maryland Court of Special Appeals that
upholds the dismissal of a multi-million dollar lawsuit by several
police officers, Thurmont officials can finally breathe a little
easier.
“We
perceive no error on the part of the trial court,” according
to the opinion of the Court of Special Appeals, which was
released on Sept. 28.
The lawsuit,
which has been tied up in court for over two years, was filed
by six police officers against their superiors and the town.
“We’re
extremely happy to have Judge Dwyer’s opinion reaffirmed
by the Court of Special Appeals,” said Mayor Marty Burns,
referring to the original dismissal by Frederick County Circuit
Court Judge Edward Dwyer in Aug. 2004.
The lawsuit
stemmed from allegations by police officers that their radios
were monitored without their knowledge and that the officers
were videotaped and audiotaped in the office of the chief
of police without their knowledge and consent.
The six
officers who filed the suit are Shawn R. Tyler, Jeffrey T.
Gerring, Christopher A. McLoughlin, James N. Davis, Michael
A. Figgins, Jr., and Richard T. White.
Tyler,
Figgins and McLoughlin are still on the town’s police
force, according to Burns.
The suit
named the Thurmont Police Department, former chief Terry Frushour,
former chief Neil Bechtol, former sergeant Troy A. Angell,
and the mayor and town commissioners.
A nine-count
complaint was filed with damages amounting to about $800,000
for each claim.
Dwyer’s
original ruling stated that the town did not intrude on the
privacy of the officers by videotaping because the chief’s
office was used by up to nine people and there was no expectation
of privacy.
The Court
of Special Appeals upheld that ruling stating that the “office
of a government employee is seldom a private enclave free
from entry by supervisors, other employees and business and
personal invitees.”
According
to both courts, there was also no expectation of privacy on
the radios, which are the property of the police department
and regularly scanned by the public.
Town
officials are ready to put the lawsuit behind them.
With
the suit over, officials want to concentrate on “bridging
any gaps with officers to continue to bring the best level
of police service to the town’s residents,” Burns
said.
