April 28, 2024

District Court Rules in Favor of Former Seekonk Police Chief

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A District Court Judge has ruled that former Police Chief Dean Isabella has just cause to seek damages from the Town of Seekonk and the Board of Selectmen who terminated his employment in 2023.

In his lawsuit, Isabella alleges a violation of his federal constitutional rights and is seeking a declaratory judgment that his termination violated the Contracts Clause of the U.S. Constitution, Massachusetts Declaration of Rights and Mass. Gen. L. c. 41 § 97A. Isabella also seeks attorneys’ fees under 42 U.S.C. § 1988 for his federal constitutional claims and asserts claims for breach of contract and of the implied covenant of good faith and fair dealing.

Isabella, who was hired in December 2020, had nearly a year left on his contract. Prior to Isabella’s termination, Town Administrator Shawn Cadime said the police department needed to undergo a “directional shift.”

The members at the time included Chairman Justin Sullivan, Christopher Zorra, David Andrade, Adam Petronio, and Michael Healy. A public hearing was held before the vote was taken.

At the outset of January 18, 2023 hearing, the Board indicated that it was entitled by the Town Charter to terminate Isabella’s employment, with or without cause,” Judge Denise Casper noted in her January 15 ruling.

“While the chairman indicated at the beginning of the hearing that the Board was concerned about the police department’s staffing and wanted a leader who better understood the community and police department’s brand, none of the chairman’s comments indicated why misconduct, incompetence or any other flaw on Isabella’s part would create such concerns,” Casper wrote.

“As expected, the Federal District Court rejected the Town’s specious argument that its Charter trumped Chief Isabella’s contract,” Isabella’s attorney Eric Brainsky told the Reporter on January 16. “The Court also denied the Town’s Motion to Dismiss as it pertains to Chief Isabella’s claims that his constitutional rights to procedural due process were violated and the case will now proceed accordingly in the Federal Court. The Court also effectively denied the Town’s Motion as it pertains to the merits of Chief Isabella’s State Law claims for breach of contract, breach of the implied covenant of good faith and fair dealing and violation of his statutory rights. However, the Court has determined that those claims should be heard before an arbitrator as required by the Chief’s contract. As such, it is our intention to vigorously pursue all of these claims in both forums where we expect to procure hundreds of thousands of dollars in damages as a result of the Town’s illegal and unconstitutional termination of Chief Isabella.”

Isabella was succeeded by Chief David Enos, who had served as Deputy Chief under Isabella.

Cadime declined to comment for this story.

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