ROCKLAND, Maine — The woman who police say was the victim of a domestic assault at the hands of a former City Council candidate claims in a federal lawsuit that the city, prosecutors and a judge have conspired to put the suspect in a false light.
Cassandra Arielle Plummer of Rockland filed the federal lawsuit Oct. 1 in U.S. District Court in Portland against the city of Rockland, Judge Patricia Worth, District Attorney Geoffrey Rushlau and Assistant District Attorney Jeffrey Baroody.
Plummer denies in the lawsuit that she was ever assaulted by Theodore Berry of Rockland.
Police were called to a domestic disturbance shortly after 9 p.m. on May 10, Rockland police Sgt. Donald Finnegan told the Bangor Daily News in May. The woman reported then that Berry had pushed her to the ground, causing her to injure her ankle, the police sergeant said. Berry was arrested that night by Rockland police and charged with domestic violence assault. No further details about the incident were provided and no police report has been filed with the court.
Berry was arrested again on Aug. 22 by Belfast police and charged with violating a condition of release by being in the same car as Plummer in Belfast.
Plummer argues in her suit that despite repeated attempts since Berry’s first arrest to explain to the prosecutors that she was not assaulted, no one has listened. She asserts that Rockland police used racial profiling and racial discrimination in targeting Berry. She also contends that the prosecutors selectively prosecuted Berry because of his race, which is not identified in the lawsuit.
She further argues in her lawsuit that Rockland police violated the law by releasing information about Berry’s arrest. Berry failed in an attempt before Worth in June to have court documents in his case sealed.
Plummer argues in her lawsuit that Judge Worth’s bail condition barring Berry from being with her was illegal under various portions of the U.S. Constitution, including the commerce clause. Under the condition that he have no contact with the alleged victim, Berry also is prohibited from going to the store where Plummer works.
The woman said she does not fear Berry but does fear that the city could again falsely arrest Berry.
Plummer is asking the court to issue a preliminary and permanent injunction against the defendants so that she can have contact with Berry and that he can visit her at work and at the college where she takes classes.
She also is seeking unspecified punitive damages against the parties.
Berry’s domestic assault case remains pending in Knox County Unified Court. His next court date is Nov. 2.
Berry ran for the City Council last year and came within 35 votes of winning a seat.
Plummer is representing herself in the federal lawsuit. An email sent Thursday to the district attorney and city manager seeking a response to the lawsuit was not immediately answered.