RAYMOND – The U.S. District Court in Portland has dismissed former Raymond Selectman Dana Desjardins’ complaint against Town Manager Don Willard and Selectman Mike Reynolds in its entirety.

In an August 2013 complaint filed with Cumberland County Superior Court, Desjardins’ attorney, John Campbell, accused Willard and Reynolds of defamation of character, negligent infliction of emotional distress, intentional infliction of emotional distress, and invasion of privacy, among other claims. Desjardins was seeking undisclosed damages.

The lawsuit was the result of nearly a year of what Desjardins called “harassment” by Willard and Reynolds, beginning with an incident on Jan. 8, 2012, 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. Desjardins argued that Willard and Reynolds used a December 2011 selectmen’s meeting – and the allegation that he had attended drunk – as a false pretext to ask the sheriff’s deputy to pull him over.

Last fall, Willard and Reynolds’ attorney, Daniel J. Murphy of Bernstein Shur, moved the suit to U.S. District Court and filed two motions on behalf of each client to dismiss the case. Desjardins opposed the motions.

On June 20, District Court Judge Nancy Torreson granted the majority of the counts in the defendants’ motions to dismiss and ordered the complaint to be dismissed “in its entirety.”

On page 20 of the 41-page order, Torreson cast doubt on claims that Reynolds had violated the Fourth Amendment.

“The plaintiff’s Fourth Amendment claim against Reynolds seems to rely on two propositions,” Torreson wrote. “First, that a sheriff’s department deputy pulled him over on Jan. 8, 2012, on a baseless allegation of speeding; and second, that Reynolds, who was not present for the traffic stop, should nonetheless be held responsible for it. At this stage of the proceedings, the court accepts the plaintiff’s first proposition, but the second proposition presents more trouble.

“The complaint does not plausibly allege that Reynolds caused Desjardins to be subjected to an unreasonable seizure,” Torreson concluded.

Desjardins has 30 days following the June 20 decision to appeal to the U.S. First District Court of Appeals in Boston. He said he intends to appeal.

“It’s not over yet,” Desjardins said. “If one judge can make that decision there’s something wrong with our country. And that’s why there is an appeals process because we still live in the United States.”

Willard applauded Torreson’s decision.

“I’m very pleased with the result,” he said. “All seven counts were dismissed in their entirety and at the earliest possible stage. The allegations were legally tested and found to be wholly baseless and lacking any merit.”

Reynolds applauded the district court for upholding the citizens’ right to “petition” the government.

“We asked the sheriff’s office to investigate a matter,” Reynolds said. “That’s petitioning. The biggest thing that came out of this decision is the court upheld that basic right.”

“I’m happy,” Reynolds added. “I’m glad that at this point this is over. I think the courts have made their judgment, and we’ll move on.”

But Desjardins disputed Reynolds’ characterization of his calls with the Cumberland County Sheriff’s Office as citizen-petitioning.

“(Sheriff) Kevin Joyce was into it and two town officials and maybe more,” he said. “They were setting me up.”

To Murphy, Willard and Reynolds’ attorney, Torreson’s decision does not come as a shock.

“We’re very pleased with the decision, but not surprised,” he said. “The complaint has been dismissed in its entirety, which is the right result.”

Desjardins