RAYMOND – Raymond Town Manager Don Willard and Selectman Mike Reynolds filed separate motions last week requesting a judge dismiss a defamation lawsuit filed against them in August by former Selectman Dana Desjardins.
In their motions to dismiss, Willard and Reynolds argue that they had the public’s safety in mind when, in January, they recruited Cumberland County Sheriff Kevin Joyce to “be on the lookout” for Desjardins in the event that he was driving his vehicle while drunk.
Desjardins has denied driving drunk, as alleged by Willard and Reynolds, and maintains they were harassing him.
The motion to dismiss is the latest salvo in the case, which was referred to the federal court two weeks ago by the defendants’ attorney, Daniel Murphy, of Portland law firm Bernstein Shur.
Needing to respond to Desjardins’ claims, Murphy filed lengthy motions in U.S. District Court in Portland Sept. 11 to dismiss what the defendants believe are “implausible allegations” made by Desjardins. The motions also request that the court award Willard and Reynolds their attorney fees in having to defend their actions.
In both motions, Murphy argues that his clients were doing their job. They had become aware of claims that Desjardins was attending public meetings with alcohol on his breath, and they made the allegations known to law enforcement.
A preliminary statement filed by Willard reads: “Under Maine Law, a town manager is provided broad absolute immunity for discretionary function acts, allowing officials to take action … and make communications in relation to governmental objectives, matters of public interest, and issues regarding public safety concerns.”
Desjardins, however, is claiming the two used their positions for retribution, saying Willard and Reynolds hold personal grudges against him. He is accusing the defendants of defamation of character, negligent infliction of emotional distress, intentional infliction of emotional distress, invasion of privacy, among other claims.
According to a 19-page complaint filed by Desjardins’ attorney, John Campbell, on Aug. 14, the suit was prompted by emails between Willard and Reynolds and the sheriff’s office about Desjardins’ behavior.
When contacted by the Lakes Region Weekly, neither the defendants nor Murphy would comment on any aspect of the pending litigation.
Desjardins, a member of the Raymond Budget-Finance Committee and former member of the Board of Selectmen for nine years, has claimed the emails are nothing but false “defamatory” statements made about him based on a long-running feud with the defendants when he served as selectman.
The lawsuit is the result of nearly a year of alleged “harassment” by Willard and Reynolds, beginning with an incident on Jan. 8, when a Cumberland County sheriff’s deputy pulled over Desjardins on his way to a selectmen’s meeting for speeding 5 mph over the limit.
Statements made in the dismissal motion by Murphy argue that Desjardins has not provided substantial evidence to support the eight claims laid out in the lawsuit.
“These charges are not only unfounded, but also unsupported,” Willard’s motion reads.
According to Murphy, Desjardins’ answer deadline is Oct. 2.
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