Federal suit filed in Acadia scuffle

Federal suit filed in Acadia scuffle


By Dawn Gagnon
BDN Staff
BANGOR DAILY NEWS FILE PHOTO
Tim Wild, an employee at the Jor-dan Pond House in Acadia Na-tional Park, holds an ice bag to his injured face in this file photo from Aug. 19, 2008. Wild said he was assaulted by a ranger while hiking in the park. Buy Photo

ACADIA NATIONAL PARK, Maine — A Jordan Pond House employee who was handcuffed and knocked unconscious during a scuffle with park rangers last August has filed a seven-count federal lawsuit alleging that the rangers violated his constitutional rights.

In his lawsuit, filed Monday in U.S. District Court in Bangor, Timothy Wild, 32, of Seal Harbor also is seeking compensation for $4,000 in medical costs, $1,000 for about a week’s worth of lost wages and for the emotional pain, distress and humiliation he suffered when he was handcuffed and thrown to the ground by park rangers in front of 40 to 50 of his friends and co-workers from the Jordan Pond House.

The lawsuit comes two weeks after federal prosecutors cleared Rangers James Lyon, Louis Jahrling and Kevin Donnell, who were accused of using excessive force during the Aug. 18, 2008, incident on Day Mountain.

The decision not to pursue action against the rangers came months after the conclusion of an internal investigation into the incident by National Park Service investigators in Philadelphia.

Attempts to get comment from spokesmen for the National Park Service and Acadia National Park early Tuesday evening were not successful.

In his lawsuit, Wild, who is being represented by Bar Harbor attorney Jon Holder, accused the rangers of false imprisonment, assault, intentional infliction of emotional distress and negligence and malicious prosecution.

Wild, whose residence has been identified as Portland, Ore., also alleged that the three rangers involved in the incident violated his constitutional right to be free from unlawful searches and seizures.

Wild, who is working at the Jordan Pond House again this summer, maintains that Lyon used excessive force against him after Lyon and Jahrling detained a group of about 40 people at the summit of Day Mountain in the early morning hours of Aug. 18, 2008.

Donnell is a supervising ranger who arrived at the scene after Lyon and Jahrling initially detained the group.

Lyon and Donnell were placed on administrative duty during the National Park Service investigation but have returned to their regular roles.

According to previous reports, people who were present during the incident last year indicated that most of the people at the gathering were Jordan Pond House employees, who have a tradition of taking a midnight hike to the summit each summer. The annual event is not organized or sanctioned by Acadia Corp., the company that has concessions with Acadia to run the restaurant and three gift shops in the park.

Lyon and Jahrling detained the group after park officials received a complaint and became concerned that there might be underage drinking or other illegal activity at the gathering. Consumption of alcohol is legal in many sites throughout Acadia, including at Day Mountain, but underage drinking, public intoxication and posses-sion of marijuana all are prohibited.

Wild, who said he consumed a beer earlier in the evening and addressed the rangers with profanity, was subdued by Lyon after he vocally objected to what he said was rude and physically rough treatment by rangers of Katherine Junkert, another Jordan Pond House employee who was on the outing. Lyon, Wild claims, threw him face-first to the ground, knocking him unconscious and injuring his face, left shoulder and right wrist.

Wild later was taken by ambulance to a Bar Harbor hospital for treatment of his injuries, which included four fractured bones in his face.

Wild claims he had been handcuffed by Lyon before Lyon threw him to the ground. In an internal National Park Service report Lyon later wrote about the incident, the ranger indicated that he was trying to handcuff Wild when he forced Wild to the ground.

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Comments
41 comments on this item

Here we go again. And those three people who got washed overboard from Thunder Hole are thought by some commenters to not consider a law suit too? Think again. If Wild is arising like Lazarus from the dead, he sure has a way of coming back to haunt either the Department of the Interior or/and the national park Service.

The compensation amount is of little consequence. At least it was not for over a million or so, which is very little in today's financial and economical world. But this Wild man, has a completely different legal venue, so again, we wait and see. He will get paid. The suit is simply a legal formality.

he deserves to get the money ,the rangers over reacted to the situation..what i dont understand is the party they busted has been going on for years ,like a rite of passage to the employees,but i figure the whole story will never come out..personal vendetta ???????..peace

That's the only way to get people or agencies to change their behavior; hit them in the wallet. Otherwise they just look the other way, sweep it under the rug and continue business as usual. This show of force in our State park protected no one and was completely unnecessary.

Don't sue the Feds...Citibank needs the $$...

this guy doesnt deserve a red cent, hope like heck he loses badly.

i think the rangers should have to go for anger-managment counsoling-the rangers got aggravated cuz they had to go get off thier butts and check a simple thing out-i'll make sure i don't go to acadia park and p@ss off a ranger-he mite slam me to the ground and bust me up too-the rangers should pay and lose their jobs cuz they r useless.

So was your English class.

Why bother paying Law enforcement officials if they have to submit to verbal abuse and more with no recourse? I can see it now,Wild,drunk,and trying to impress his buddies,and the 'fayre lady' Junkert,mouthing off to essentially a cop,expecting...what exactly?Who's he gonna call when he gets chased home by a car w/smoked out windows? Or someone rips up his tulips? The cops,of course.The guy should be thankful that the bruise is all he got.We dont pay cops to take verbal abuse from drunken buffoons.

Well the Rangers did not use any force on the crowd during the storm surge to get them to move back off the rocks. What did that get them, 1 dead little girl. 10 Rangers, with 10,000 visitors, they used their nice voices and what did that get them? A bunch of people that didn’t listen, 1 dead little girl and a lot of critics crapping on the rangers for not being more forceful pushing people off the rocks.

Now here is an example of a party they normally, probably look the other way because nobody complains. However this time a local did complain, so they have to walk up. What do they walk into, a bunch of people, in the dark, that out number them. They have them sit down so they can control the crowd and ID people. What the rangers end up with is a group of people that don’t feel it is necessary to listen to the authorities. I’m going to do what I want to do.

People these days think they are entitled to everything, they have no respect for authority. People think they can just do as they please when they want without consequences. That little girl was killed because of it. This guy got his head cracked because of it. If they weren’t up there having an illegal party in the first place none of it would have happened anyways.

I think the rangers handled this guy just about right. He was trying to intervene because he didn't think they were treating another person in his party correctly. You don' do that to a cop or ranger who is arresting someone. He seems to be a slow learner but by the time this is over, he'll understand to treat them with at least minimal respect while they are doing their jobs, whether he thinks they are doing that job just right or not.

Nonsense! Our park rangers do a wonderful job. Every time we go to Arcadia they have been friendly, professional and always a joy to speak with.

carlshedderly :

They have a code of ethics that they have to abide to and just because a guy is verbal with them give them no right to slam a persons face into the ground knocking him unconcious and fracturing his face while handcuffe so that he has to be rushed by ambulance to the hospital. I can't wait for one of your kids to be doing something like this and having them subjected to the same kind of treatment that wilds recieved,,,,, then your tune will change,,, you will be whining your butts off and complaining. It is theyre job to go up whatever time it is and weed out the crowd and send them home, not to go up there and act like out of control ,un-trained, unprofessional servants of the goverment and thats exactly what they did and should have to pay for their actions.

What a gross Joke,,, what a big joke,,,,

Imagine beating up waiters and waitresses having their annual end-of-season beer. Those park rangers think they're Jack Bauer. That's what you get when you put bullies in charge of keeping the peace.

Ok- lets see- he used profanity because of the way the rangers were treating a female employee- so the threw him on the ground hard enough to knock him out and fracture his face in 4 places. I hope he nails the SOB rangers to the wall. Another prime example of abuse of power by wanna be cops brought to you by the glorious state of Maine.

Right on Collegegirl! These Rangers are all college grads who failed the State Police Exams! LOL!!!

This guy is a loser and is making an attempt to get money from the National Park Service for something that his big mouth caused.

Waaahhh. Typical, a guy runs his mouth, interferes with what law enforcement was doing, gets his a** handed to him then wants money cause his rights were violated. What a joke.

Considering that the Rangers were all cleared by US Federal Attorneys, are not the accusations by Wild and his attorney tantamount to libel. Considering Wild is a spoiled rich kid, I think they should all countersue him.

If he had done what he was told he wouldn't have been hurt at all.

You're right kal778: Had he shown some respect for the ranger

doing his job he wouldn't be in this situation, but then again, I

think he's right were he wants to be...

Who is Jack Bauer?

If our law enforcement can't take a little verbal abuse (sometimes not deserving it, but sometimes they do) then they have no right being in a position of authority and shouldn't be armed. We need balanced people in those positions, skilled at defusing risky situations and not adding to it. Of course the Federal Prosecutors found no wrong doing on the part of the Federal Park Rangers. I'd have been surprised otherwise.

Who really knows how this all went down but I think to throw the guy down hard enough to fracture his face is excessive.

The comments so far come from two distinct groups of people. For those interested in a quick summation, here goes:

One group believes the federal ranger violated a citizen's civil rights by acting in a violent out-of-control fashion to silence that citizen when he verbally protested the treatment of another citizen.

The other group not only believes the civil rights of the injured citizen were not violated but, additionally, that he deserved this ill treatment for a variety of reasons: because he was "mouthing off," because "[w]e don't pay cops to take verbal abuse from drunken buffoons," because the rangers, "in the dark" and outnumbered, decided "to control the crowd and ID people," because "[p]eople these days...have no respect for authority," because "[y]ou don' do that to a cop or ranger," because the citizen failed to understand the need to treat the ranger "with at least minimal respect," because "[o]ur park rangers do a wonderful job," because the "loser" citizen's "big mouth caused" his injuries, because "a guy runs his mouth," because the citizen "is a spoiled rich kid," because "[i]f he had done what he was told he wouldn't have been hurt at all," and because he failed to show "some respect for the ranger."

Those in the first group seem to embrace the good solid values that launched this nation. Those in the second group seem to be unfamiliar with the concepts of liberty, equality, due process and freedom from tyranny. They don't strike me as good Americans at all. They sound as if they would be happier living in a police state.

I wish some of you could experience trying to do your job, which is partly to help everyone (30) or more people, make sure no one gets hurt including yourself in the dark in the woods with alcohol being comsumed or worse and then someone starts to rile the crowd up. Why don`t you try to understand and put yourself in there shoes. You can`t until you have done it!!!!!!! Try restraining an angry person. So many perfect people not enough time to deal with them!!!!

ElectraGlide :

They chose their profession and if they can't handle it get to hell out of that profession,,,, that is no excuse for useing such brutal force that you have several fractures,cuts,and bruises to the face and knocked unconcious for sticking up for a female who was being subdued when she had to use the bathroom after she had asked nicely. I would like to seee how you would react if you were in that situation.

If you can't handle the job then leave,,,,,,people always say (oh law enforcement have it so rough) ( Why don't you try doing their job) Like I said they chose their profession, and if they can't deal with it the way they are supposed to the leave that profession and fine another. Easy as that.

HRH419 very interesting thought....

I think that Petertabor has it exactly backwards..

And that's why, Carl, I hope people like you never get to be in charge.

this is a F@#$#$#$ JOKE! PERIOD! this guy is piece of crap, the rangers did what they should have, i wish i was up there i would have done the same things. This guy is just trying to milk the park out of money, what a waste of space, its no wonder why i dont eat at that establishment. GIMME A BREAK WILD and get a CLUE!

Officers of the law to risk their lives to protect ours. This tool chose to resist arrest & thereby chose to suffer the consequences of his voluntary actions. He's by no means a victim.

yes, the policers of any town or state hand cuff you, FIRST, then, throw you against anything???? for the heck of it????? terrorist training still in affect????

these are tourists not terrorists........ people have rights at these so called 'vacation' spots....and do not need bored rangers bothering them and making trouble!!!! what is this???

communist maine ethics?????

The question to ask yourselves is this.......who would you be more afraid of in the woods of Acadia.......a park ranger......or a group of drunk people partying?

Glad to see the rangers doing their job.

Oh, comeon' now! How many Park Rangers, in the past who participated, were joining in with the 'traditional beer party', that Wild was attending but in previous years back in the 1960's and 1970's - later on, also. These Free Ranger's simply walked away after taking a couple of tokes off some 'whacky tabaky' or a beer or two! So much for keeping it cool and attitude adjustment from some Rangers who think they are to receive the Marine Corps Iron Mike Award the next day!

Yeah,But Im thinking that maybe people were a little bit more respectful and not s quick to show the effects of their "liquid courage"back in those days...Mainejeff,good point..The rangers were in their right to do whatever they had to do to control the situation..If It had gotten out of hand you would have someone whining about how they 'didnt do their job". Wild is transparent as is his cause...Bottom line is,Wild wants some $$$ for mouthing off and getting whapped.Whatever.People in hell want ice water.

"The rangers were in their right to do whatever they had to do to control the situation." That says it all. What a craven pack of control freaks that would endorse such a stupid statement. Goodbye America. Here comes AMERIKA!

Hey,petertabor,next time someone harrasses you or breaks in to your house,or attacks you or a loved one,dont bother calling authorities.Maybe you v=can ust offer them a brewski and chat about the game?I can see where a police state is NOT what we want,but this not a situation like that.This was drunk guy,showing off for ,adrunk chick,getting mouthy and posturing.Could have turned uglymbut the rangers took care of it,Think about it really.Would You want to come across a bunch of drunken buffoons in a park at night?really???

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