Dog Rescue Director Sues Two Police Officers for False Arrest

Frederick Acker, the director of the SPCA of Connecticut, Inc., filed a civil lawsuit this week in Superior Court in Bridgeport against two Monroe police officers stemming from a June 19, 2010 arrest. All charges against Acker were later dismissed, according to a press release issued by Acker.

The lawsuit accuses officers Andrew Wall and Michael Sweeney of wrongful arrest, malicious prosecution, violation of his 4th and 14th Amendment Rights, intentional infliction of emotional distress and negligence.

"The ongoing harassment campaign by town of Monroe officials has been a nightmare and needs stop immediately,” Acker said. "I am filing this lawsuit on behalf of the thousands of animals that we have placed in happy homes and our dedicated group of volunteers. I think Monroe residents would be very unhappy with their town officials if they knew the real story about how their tax dollars have been wasted in this harassment campaign."

When reached for comment about the arrest and Acker's legal action Wednesday afternoon, Monroe Police Chief John Salvatore said, "This was not a police initiated action. It was a police response to a complaint. An investigation was conducted developing probable cause and the appropriate action was taken."

Town Attorney John P. Fracassini was not available to comment on Wednesday and First Selectman Steve Vavrek declined to comment due to the pending litigation.

According to the lawsuit, Acker said he was arrested by Wall and Sweeney and charged with breach of peace and third-degree assault on June 19, 2010 after a prospective adopter, who refused to leave his property, called the police to make a complaint.

Acker contends that the officers refused to take witness statements from employees and volunteers who were with him and arrested him without probable cause. Acker was charged with breach of peace and third-degree assault.

On June 29, 2011, all charges were dismissed, according to the lawsuit.

Acker said he was forced to incur substantial legal fees and suffered emotional distress, mental anguish, fear, embarrassment, anxiety and depression from the incident.

The lawsuit filed by Acker’s attorney, Kent M. Miller, seeks more than $15,000 in damages, legal fees and any other relief the court may deem appropriate.

"I believe Monroe has engaged in deceptive and unfair practices for almost 13 years,” Acker said. "Will it take a $6 million judgment against the town of Monroe to get them to stop? I am willing to fight this legal battle to save these homeless animals."

'Ongoing Harassment Campaign'

Ever since SPCA of CT moved into the property at 359 Spring Hill Road 12 years ago, there has been an ongoing conflict between town officials and neighbors who complained about barking dogs. Acker provided this link for documents to be viewed to support his side of the story.

The SPCA and the town recently agreed to a court order requiring the shelter to reduce the number of dogs housed at its facility to 29 by April 30. The agreement also allows town's zoning enforcement officer to make one unannounced visit to the property per week from 10 a.m. to 3 p.m. to check for complaince.

On February 7, 2012, the SPCA of Connecticut issued an emergency adoption appeal to communities throughout the region to help find suitable homes for nearly 50 dogs due to the court order pushed by the town of Monroe.

At the time it was ordered to reduce the number of dogs to 29, over 80 pets housed at the facility, according to Acker. Today, there are 67 dogs at the shelter.

"Due to Monroe's ongoing harassment campaign and related matters, our facility has suffered a current financial hardship of $192,000 which needs to be made up in order to continue helping the dogs and cats who need it the most," said Acker.