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ALFRED — A federal civil suit claiming physical detention, kidnapping and illegal arrest in 2011 by two York County Sheriff Office deputies against a Buxton man, allegedly on behalf of a retired Portland police officer, has been settled.

Named in the suit, filed 11 months ago at U. S. District Court in Portland, were York County Sheriff’s Office, York County Sheriff’s Office Detective Sgt. Michael Hayes; former York County Sheriff’s Office Deputy William Vachon; and former Portland Police Officer Joseph Fagone.

The suit was dismissed by the federal court June 14, “with prejudice and without costs, subject to the right of any party to move to reinstate the action within one year if the settlement is not consummated,” according to court documents.

The county had filed a notice with the court in May stating that a settlement had been reached on monetary terms, which were not disclosed.

The parties participated in a mediation on May 1 and although unsuccessful on that date, negotiations continued, wrote Peter Marchesi, the attorney for the York County defendants.

“The parties have now reached a global agreement as to the monetary terms for a settlement of the entire case,” Marchesi wrote in a May 14 status report.

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Marchesi did not return multiple messages seeking comment on the settlement.

Sheriff William King declined comment.

David Webbert, who represented the plaintiffs, declined comment after several messages were left with his office.

Hayes remains a detective with York County Sheriff’s Office. Vachon began working as a detective for Berwick Police Department in 2016.

The suit stemmed from a disputed $850 charge Fagone’s daughter wanted refunded to her following a limousine incident in Gillette Stadium, according to documents in the case. The plaintiff, referred to as Joe Doe in the suit, and his wife Jane Doe, provided the limousine service.

The suit alleged that based on this disagreement over the business transaction John Doe was terrorized, illegally arrested and his rights under the forth amendment of the U.S. Constitution were violated by York County Sheriff officers, the plaintiff’s attorney, Webbert said in September following the initial filing.

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Having two officers from one department allegedly rough up a citizen on behalf of another law enforcement officer, “I’d say it’s pretty bizarre … “it’s an alarming situation,” Webbert said in a telephone interview in September. “It’s a very corrupt use of police power.”’

According to the suit, Hayes and Vachon, on behalf of Fagone, went to the Buxton home of John and Jane Doe on Sept. 1, 2011. John Doe let them in “thinking they were they on legitimate police business,” according to information in the suit. The officers asked if he knew why they were there. When Joe Doe said he did not they replied “You (expletive) with the wrong person.” … They said he had transported a police officer’s daughter and they were there to collect the refund she wanted.”

John Doe tried to call 911 but the officers “threw him to the floor and tightly handcuffed him,” according to court documents. They then allegedly put him in an unmarked police cruiser, drove a short distance, and “for 45 minutes, they pressured him to refund the $850 charge.”

The suit alleged that Hayes phoned Jane Doe, who came home. He told the couple to go to a bank parking lot and hand over the $850, according to the suit. Before the couple left, the sheriff officers demanded that the Does sign a form saying no excessive force was used. They were “terrified” and signed the form, according to suit documents.

Instead of going to the bank, the Does went to the home of Jane Doe’s mother and stayed there for several days court document state.

The Does called multiple agencies to report the “brutal terrorism,” according to the suit, and were eventually forwarded to York County Sheriff William King, who was a major with the department at the time. He said the matter would be handled internally, according to the court documents.

“York County never took any appropriate corrective action and instead ratified and approved of the unconstitutional conduct of Hayes and Vachon,” the plaintiffs asserted.

Webbert said John Doe wanted the court “ to send sent a strong message that this is not tolerated in Maine,” said Webbert in the September interview. Doe had requested hat that all York County officers receive civil rights training and an unspecified amount of money for compensatory and punitive damages.

— Associate Editor Dina Mendros can be reached at 282-1535, ext. 324 of dmendros@journaltribune.com. Senior Staff Writer Tammy Wells may be reached at 282-1535, ext. 327.

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