http://www.stamfordadvocate.com/news/local/scn-sa-copsuit3dec09,0,6029457.story?coll=stam-news-local-headlines
By Donna Porstner
Staff Writer
December 9, 2004
STAMFORD -- A city man who called police to settle a dispute with his landlady in October is questioning in a federal lawsuit why her police officer son responded to a 911 call for help.
Vittaya Jaraskul alleges Stamford police Officer Michael Dube abused his power, illegally entered the room he was renting, took his computer modem and logged it into evidence at the police station.
Jaraskul filed a civil suit in federal court in Bridgeport Nov. 15 claiming Dube's actions deprived him of his constitutional rights.
The police department's Internal Affairs Office is investigating Jaraskul's claims.
According to the lawsuit, Jaraskul and his landlord, Debbie Dube, started arguing over his use of the Internet shortly after he moved into her home at 1 Rock Spring Road in October.
Jaraskul added Internet service to Debbie Dube's Cablevision account and prepaid for it with his credit card so she would not be charged for it on her bill, the suit states.
When Debbie Dube learned her tenant changed her Cablevision account without her consent, she accused him of stealing her identity and said her son would arrest him, according to the suit.
Jaraskul claims Debbie Dube told him her son went into his room, took his computer modem and took it to the Stamford Police Department. She also threatened to have police remove his computers and told him her son is going to "beat" him "and arrest you and throw you in jail," according to the suit.
Jaraskul said he noticed the modem missing while moving out Oct. 29 and argued with Debbie Dube. He did not give Debbie Dube or her son permission to enter his room or take the modem, Jaraskul said.
During the confrontation, Jaraskul and a friend who was helping him move became fearful of Debbie Dube, who acted in an "aggressive" manner, according to the suit. The friend called 911 and they waited outside for police to arrive, according to the lawsuit.
The first officer on the scene was Michael Dube, the suit states.
It is unclear whether Michael Dube was on duty at the time.
Jaraskul said Michael Dube arrived in a white sports car along with another police officer about 20 minutes after his friend dialed 911 and requested police assistance. The other police officer is not identified in the suit.
Jaraskul's attorney, Philip Russell, said Michael Dube was not in uniform but was wearing a badge around his neck and identified himself as a police officer.
Jaraskul said he and his friend left the house and went to the police station, where they reported the incident to the desk sergeant.
While at the police station, he received a call on his cell phone from Police Sgt. Andrew Gallagher, a supervisor who was responding to the 911 call, according to Jaraskul.
Gallagher accompanied Jaraskul and his friend back to the house on Rock Spring Road, where they packed the rest of his belongings, according to the suit. Gallagher also is named as a defendant in the lawsuit.
Russell said it is troubling that police waited until after Jaraskul went to the station to respond to his 911 call.
"My client ran to police because he feared he would be beat up or worse, then the police department sent a patrol unit," Russell said.
Jaraskul is seeking unspecified damages for the emotional distress, shame, humiliation, embarrassment and anxiety the incident has caused him, as well as the loss of his constitutional rights.
Russell said his client was told he could not have his modem back until he is interviewed by police.
"The idea that he has to go down there and make some sort of statement to get his property back is ridiculous," Russell said.
Lt. Ralph Romano of the Stamford Police Department's Internal Affairs Office said Acting Police Chief Frank Lagan initiated the internal investigation after receiving a copy of the lawsuit. Romano said it is common for the chief to call for an administrative inquiry when officers are accused of inappropriate conduct.
"I started an investigation, No. 1, to see if the police officer was acting in the official capacity of a police officer and, No. 2, to see if he violated anything," Lagan said.
Police do not need a statement from Jaraskul to look into the matter because the chief initiated the investigation, Romano said.
"We don't need an outside complainant in a situation like this," he said.
No disciplinary action has been taken against Michael Dube or Gallagher, Romano said.
Police Sgt. Charles Rondano, who's in charge of the department's evidence room, confirmed police have property belonging to Jaraskul, but would not say what it is or why they are holding it. Rondano said he could not release the details because the evidence is part of a criminal investigation.
Stamford police have refused to release the police report from the Oct. 29 incident and a report from a Nov. 22 incident involving the same parties.
Tuesday, Sgt. Joseph Kennedy said Lagan told him not to release the reports because they are related to a personnel matter.
Yesterday, Lagan said he wants to consult with Director of Legal Affairs Thomas Cassone before releasing the reports. Under state law, Lagan has four business days to respond to a Freedom of Information request The Advocate filed yesterday asking for the reports.
Debbie Dube characterized the lawsuit as "pretty comical." She declined to comment further.
Gallagher declined to comment, saying, "As with any civil case where I might be called upon to testify, I cannot comment to the media."
Michael Dube said he is reserving comment until he speaks to his attorney.
"I might just counter-sue because a lot of it is all lies," he said.
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