Lawsuit Filed Against Dalton, Police Chief, and Former Officer
|
Buzzella is no longer with the Dalton Police Department. |
DALTON, Mass. — The town, its Police Chief Deanna Strout, and former Sgt. Bustin Buzzella are facing a lawsuit following a high-speed police chase that resulted in the death of Ryan Griffin in May 2023.
The case was filed with the U.S. District Court on Oct. 7 by attorney Michael Heineman of Heinlein Beeler Mingace & Heineman, P.C. on behalf of Kayla Jerome, the personal representative of Griffin's estate.
The lawsuit claimed that the town was negligent and violated Griffin's civil rights. In addition, it claimed that Chief Strout and Buzzella violated Griffin's civil rights. The suit called into question the town's and chief's hiring and supervisory practices.
It also demanded judgment against all named for an amount to be decided by a jury. This amount would include costs, interest, lawyers' fees, and punitive damages as allowed by law.
It also claimed that the town was made aware of the impending lawsuit on March 14 in a letter from Jerome's office to former Select Board member and chair Joseph Diver and Town Manager Tom Hutcheson, via certified and first-class mail.
The lawsuit claimed that the town failed to respond to this letter, which requested that the town retain and preserve all evidence concerning the incident, including body-worn and dash cam videos and training records, among other items.
Currently, Buzzella is no longer with the Dalton Police Department.
According to a report, on May 20 at approximately 8:27 p.m., Griffin was driving a black Chevrolet Malibu on Park Ave. with a suspended license.
Griffin and another vehicle in front of him turned right onto Main St. when Buzzella saw them from his cruiser.
Buzzella activated his lights to pull Griffin over. However, Griffin accelerated and Buzzella pursued him on wet and winding roads going 35 to 40 miles per hour over the speed limit.
Dalton has a policy regarding police pursuits that only permits officers to engage in a pursuit of a vehicle over the speed limit if the occupant is wanted for specific felonious acts involving "violence that threaten, have threatened, or will threaten the health, life, or safety of a person or persons."
The chase resulted in Griffin losing control of his car, crashing into a tree, and the vehicle catching fire. He died from blunt force and thermal injuries.
The suit said that this is not the first time Buzzella violated the policy, naming four other times he engaged in a high speed, one preceding six days of Griffin's death.
The lawsuit claimed he did not receive any training regarding high-speed pursuits.
The suit also named another instance, outside the four others, in Sept. of 2021, where Buzzella dangerously drove his police cruiser.
A fellow officer, who witnessed the incident, reported that "Buzzella posed a danger to the public" and “if this behavior is not addressed immediately, he will seriously hurt or kill somebody."
The suit also highlighted other dates where they claim, Buzzella's mental health made him unfit to serve as an officer, his actions put the public at risk, and caused a case to be dismissed.
These incidents included withholding potentially exculpatory evidence, resulting in a rape case being dismissed, being involved in a domestic incident, which was determined to be interfering with his job duties, lying about an incident at the part-time police academy, and other reprimands.
The suit claimed Buzzella violated Griffin's civil rights because he had no motives with "legitimate governmental reason, but rather were motivated by his compromised mental health."
The suit claimed Strout ignored Buzzella's actions and the fellow officer's warning and that the town was also negligent, claiming that the town knew officers, including Buzzella, were dangerously operating Dalton police cruisers in dangerous manners and violating written policies.
"By no later than September 2021 Dalton knew that its officers' dangerous driving put members of the public at risk and that if not addressed a member of the public would be 'seriously hurt' or killed," the lawsuit claimed.
"Dalton chose not to train, supervise or discipline its police officers regarding the operation of their vehicles in dangerous and unconstitutional manners."
The lawsuit claimed that Chief Strout had a close relationship with Buzzella dating back to 2013 when he joined the department and signed a letter in support of her becoming police chief in 2021.
It also alleged that all other Dalton police officers, in a separate letter written to the Board, supported another person.
According to Exhibit A:
"When the Town chose to name Chief Strout as Chief, only two (2) of the existing members of the department supported that decision — Strout and Buzzella. All other Dalton police officers, in a letter written to the Board, supported another person."
The lawsuit also alleged that Strout's connection to the select board unfairly accelerated her climb to the chief position. Specifically, it pointed to her alleged close relationship with Select Board Chair Diver's wife and interim Chief Riello, claiming these connections allowed her to ascend quickly from the rank of patrol officer in 2019 to corporal in 2019 and to chief in 2021.
The lawsuit also claimed that Chief Strout attempted to repay Buzzella for his sole support of her in numerous ways, including promoting Buzzella to Sergeant despite contrary recommendations of her senior staff and by making a "deliberate and conscious choice to disregard the risks posed by Buzzella."