ROCKLAND, Maine — A Warren couple has notified Knox County they plan to sue for $300,000 for what they said was an illegal entry into their home by deputies last year. The action by the officers later was sharply criticized by a state judge.
Attorney Scott Hess of Augusta filed the notice on Dec. 24 on behalf of Donald and Sherrie Demmons of Warren. The couple allege trespass, assault, harassment, criminal restraint, infliction of emotional distress, slander and violation of their state and federal rights.
The two were arrested July 2, 2014, by Deputy Nathaniel Jack and Sgt. James Moore inside their home after the officers arrived following a complaint that Donald Demmons threatened to assault an employee of the Warren Animal Hospital earlier that day.
The notice of claim alleges the officers made comments about Demmons to the employee that put Demmons in a negative light, and the employee then agreed to ask Demmons be charged.
When deputies arrived at the Demmons’ home, Donald Demmons denied making the threat and ordered the officers to leave his property. Instead, the deputies forced their way into the home and used Tasers on the couple before arresting them.
Donald Demmons, 49, was charged with terrorizing, assaulting Jack, refusing to submit to arrest, obstructing government administration and two counts of disorderly conduct.
His wife, Sherrie L. Demmons, 48, was charged with assaulting the officer, refusing to submit to arrest and disorderly conduct.
A hearing was held in November in Knox County Unified Court before Justice Daniel Billings. The couple sought to charges dismissed, arguing the officers did not have the right to enter their home.
Court records show Billings refused to dismiss the terrorizing charge against Donald Demmons but sharply criticized the action of the deputies.
“Deputy Jack’s testimony concerning legal authority to enter a home illustrated a fundamental ignorance of the Constitutional limitations under which law enforcement officers work. The fact that a certified law enforcement officer could be so ignorant to the basic rules he is supposed to be following is frightening,” Billings stated in his Dec. 1 court ruling.
He said the conduct of the deputies was inexcusable. The judge said he believed Jack’s actions were motivated primarily by what he saw as a lack of respect by Donald Demmons.
“It was apparent that when questioned that Deputy Jack expects citizens to follow his commands, even when they are legally justified not to do so, and that Deputy Jack never considered what it would be like to be confronted at your home and asked to leave your home by two armed, uniformed law enforcement officers when you believe you have done nothing wrong,” Billings concluded.
The judge said the officers needed to have a warrant in this instance before they had the right to enter the home and make an arrest.
In January, the district attorney’s office dismissed all criminal charges against Sherrie Demmons. All but the terrorizing charge against Donald Demmons were dismissed. He agreed to a deferred disposition on that charge in December, in which he will serve no additional time if he stays out of trouble for 12 months.
An email message seeking comment was sent Friday afternoon to the sheriff and Friday evening to the county’s attorney. There was no immediate response by Saturday morning.
State law requires a notice of intent to sue be filed with a government body before a lawsuit can be filed.