Lincoln County Superior Court

Former Jefferson man sues sheriff, other officers

Mon, 01/25/2016 - 10:45am

John Burbank wants a public apology.

That’s part of the reason he’s suing several law enforcement officials, including Lincoln County Sheriff Todd Brackett, Burbank said Jan. 21. The 37-year-old Lexington Township man also wants compensation for problems he said stem from the charges he faced in 2013.

None of the charges stuck.

A Lincoln County grand jury on Sept. 11, 2013 declined to indict Burbank on a criminal threatening charge. The complaint had alleged that on May 13, 2013 in Jefferson, he placed someone in fear they would be injured with a gun.

Then on March 20, 2014, Burbank had a district court, bench trial on a charge of creating a police standoff. That complaint alleged that on May 13, 2013, he was armed or claimed to be; was instructed by law enforcement to leave a building; and then stayed inside a half-hour.

The trial ended with Justice Daniel Billings determining no offense was committed. The state did not convince the court that law enforcement reasonably believed Burbank had threatened to inflict serious injury before the incident, the judgment states.

At first, Burbank was only asked to leave the home to talk with law enforcement. There was no evidence on when that changed to an instruction, and without it, the court couldn’t find that Burbank was barricaded for more than a half-hour, Billings continues. He calls that time threshold an essential element of the standoff charge.

Burbank filed suit over his constitutional rights in December; however, he asked the court to waive filing fees. The request was denied. He paid the fees Jan. 20, court staff said.

Burbank is suing the sheriff’s office, Brackett and fellow sheriff’s department members Lt. Rand Maker, Det. Terry Michaud, deputies Mark Bridgham and Brian Collamore, and Richard Woodward of the department’s reserve patrol; Maine Department of Inland Fisheries and Wildlife officer Mark Merrifield; and Jason Pease of the Maine Drug Enforcement Agency.

The suit claims the defendants violated Burbank’s constitutional, civil and human rights on that same date in 2013 by trespassing at 282 Goose Hill Road in Jefferson, harassing and unlawfully arresting him, searching the property and seizing guns and other items that he got back months after both the superior and district court proceedings went in his favor.

Burbank is also claiming emotional distress due to what the suit describes as, “the reputation damaging nature of the false accusations.” The charges and related media coverage cost him work and work opportunities, according to the Dec. 14 complaint.

The suit seeks $5,000 Burbank claims he spent on his defense, and seeks a jury trial to determine any punitive awards for the rights violations he is claiming.

The Wiscasset Newspaper has sought comment from all the defendants. Merrifield, on Jan. 21, said it was the first he’d heard of the suit; he had no further comment.

In an email Monday afternoon, Brackett states that the matter has been referred beyond his office and he is unable to comment at this time.

No one else has responded.