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IS ‘OTHER SHOE’ ABOUT TO DROP ON MAYOR, PPD ADMIN? SOURCES SAY ANOTHER OFFICER IS FILING SUIT

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BY DAN VALENTI

PLANET VALENTI NEWS AND COMMENTARY

(FORTRESS OF SOLITUDE, WEDNESDAY, SEPT. 2, 2015) — Is the proverbial “other shoe” about to drop on the Bianchi Administration and its troubled police department?

Sources tell THE PLANET that officer Chris Kennedy has hired the same law firm as Sgt. Mark Lenihan. As you know from reading THE PLANET, Lenihan has filed a lawsuit in federal court against the city of Pittsfield and personally against mayor Dan Bianchi, police chief Mike Wynn, and Capt. David Granger, alleging conspiracy, punishment for whistle blowing, violation of civil rights, and intentional infliction of severe emotional distress.

Lenihan v. City of Pittsfield can be read here: https://www.scribd.com/doc/275502746/Lenihan-v-City-of-Pittsfield

Sources: Kennedy’s Suit Will ‘Be Similar’ to Lenihan’s

Sources tell THE PLANET Kennedy is contemplating “similar” to Lenihan’s action. We don’t know what the charges would be, but one source told us that Kennedy had been unfairly bypassed for promotion to sargeant. Word is Kennedy’s suit “will be coming out soon.” Sources Kennedy has hired attorney Tim Burke of Neeham to represent him. Burke is Lenihan’s attorney. THE PLANET has asked the Burke law offices to confirm, but we have not heard back. We thus do not have official confirmation, a fact we include in the interest of clarity.

Stepping Forward Against Injustice is an Act of Courage

Police sources say that since word of Lenihan’s lawsuit splashed across front pages and screens, morale inside the PPD has gotten worse. Sources say that for those “on the outs” in what appears to be a divided work environment, the PPD has become “a place where you have to watch your back.” The comment reminded us of Frank Serpico.

Serpico was a NYPD officer who became famous for exposing massive departmental corruption in the early 1970s. Serpico forced then-mayor John Lindsay to appoint the Knapp Commission to investigate the NYPD. For his heroic action, Serpico was blackballed by the department and left to die by two of his fellow officers after he had been shot in the face on a drug bust.

In his testimony before the Knapp Commission in December 1971, Serpico said:

“Through my appearance here today… I hope that police officers in the future will not experience… the same frustration and anxiety that I was subjected to… for the past five years at the hands of my superiors… because of my attempt to report corruption. I was made to feel that I had burdened them with an unwanted task. The problem is that the atmosphere does not yet exist… in which an honest police officer can act… without fear of ridicule or reprisal from fellow officers. Police corruption cannot exist unless it is at least tolerated…at higher levels in the department. Therefore, the most important result that can come from these hearings… is a conviction by police officers that the department will change. In order to ensure this… an independent, permanent investigative body… dealing with police corruption, like this commission, is essential.”

Two for the Price of  … Two

Given the polluted political atmosphere in Pittsfield, a town known for punishing whistle blowers (see Scopes Monkey Trial, aka, The Persecution and Assassination of Terry Kinnas As Performed by the Inmates of the Pittsfield School Committee, a bloodless hit organized by the mayor in January 2013), it’s unlikely that two PPD officers would come forward unless they were convinced their actions had considerable merit.

We can only wait and see what develops. At minimum, this news will not help Bianchi in his increasingly desperate attempt to cling to office. He’s like a guy who has one foot in quicksand and the other on a greased banana peel. As he goes under, we sense voters chomping at the bit to throw him an anvil via the ballot box.

—————————————————————————————————-

“Don’t walk behind me. I may not lead. Don’t walk in front of me. I may not follow. Just walk beside me and be my friend.”Albert Camus

“OPEN THE WINDOW, AUNT MILLIE.”

LOVE TO ALL.

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dusty downer
dusty downer
9 years ago

Perhaps a permanent chief with real chief powers could take care of this matter. Maybe the city needs to hire a chief from far, far away but there is not much chance of that happening with the new administration that will be taking over.

spagirl
spagirl
Reply to  dusty downer
9 years ago

Permanent or Acting, …… This guy is not doing his job and is part of the problem. This is a snake pit out of control.

Southeast
Southeast
Reply to  spagirl
9 years ago

I agree Spa. a few years ago, the appointment to permanent would have made a difference, but like a ball on an incline, at some point there is enough momentum for it to roll out of control on its own. that is where we now find the PPD. Any of these guys may have throughout a lot of their careers been decent cops and Wynn certainly had the potential to be a good leader – but with his balls cut off and served up on a plate for all to enjoy, he just wants to figure out how to stay in the job – doing it the least of his expectations.

Lenihan and Kennedy must have good cases. Both are within a couple of years of retirement age and service. They could both just keep their heads down and move along – and in fact, after appeals, they may be at retirement by the time this is settled. I guess at some point the stress of being mistreated outweighs the desire to just get through the ordeal.

Shakes His Head
Shakes His Head
9 years ago

These are filed to encourage a settlement. they are jumping the shark straight up to US District court because the filing fees are relatively cheap and the City is easier off with settlements instead of fighting a case. I imagine civil rights violations are included because as an additional punitive measure, should the City be found at fault, it could be required to pay for plaintiffs’ legal expenses. Plaintiffs are not furnishing evidence that they exhausted local and state remedies for their injuries. Honestly, why would the City contest it when they could settle for say 5 years’ of pay increases in a lump sum. Heckof a lot cheaper than mounting a legal charge. Plaintiffs’ lawyer Burke gets his third and all sides go on their merry way.

Are we naïve enough to think this is all about what is right and not about MONEY $$$$$$$$$$$$$$$$$$$$$$ ??????????????

Also, what crime is perpetuated? Workplace favoritism? Get over it. My boss hates me. I’ve been passed over for raises many times because of this or that. Doesn’t mean they are violating my civil rights.

.com
.com
Reply to  Shakes His Head
9 years ago

Your boss is a very smart man.

Chuck Vincelette
Chuck Vincelette
Reply to  Shakes His Head
9 years ago

How do you know all this?

Pummelin Pam
Pummelin Pam
Reply to  Shakes His Head
9 years ago

With Degnan as the city lawyer why wouldn’t anyone sue?

shoe dropped
shoe dropped
9 years ago

The lawsuit is confirmedhttps://dockets.justia.com/docket/massachusetts/madce/3:2015cv30154/173708

Of note:

Dan Bianchi is also being personally sued.

Kennedy v. City of Pittsfield et al
Plaintiff: Christopher Kennedy
Defendant: City of Pittsfield, Chief Michael Wynn, in his Official and Individual Capacity, Captain David Granger, in his Official and Individual Capacity and Mayor Daniel Bianchi, in his Official and Individual Capacity
Case Number: 3:2015cv30154
Filed: August 31, 2015
Court: Massachusetts District Court
Office: Springfield Office
County: Berkshire
Nature of Suit: Other Civil Rights
Cause of Action: 42:1983
Jury Demanded By: Plaintiff

shoe dropped
shoe dropped
9 years ago

https://dockets.justia.com/docket/massachusetts/madce/3:2015cv30154/173708 This docket provides confirmation. Officer Kennedy has sued the city, the mayor, the police chief, and Capt. Granger.

Gene
Gene
9 years ago

Good points raised, Shakes His Head. I would only point out that the defendants do not have to exhaust any other remedies to file claims in federal court.

My guess would be that there is merit in the cases because these are long-time officers closing in on retirement.

It may be that a settlement is the bet option for the city but there is no way to judge. If the case is as weak as you think, the city would be better off fighting and winning in court.

political correction
political correction
9 years ago

Act-shell-lee these lawsuits are a necessary evil. They protect these officers. How so?

Any further abuses can serve as documented evidence to strengthen the cases of the plaintiffs.

Any retalitory measures taken against these officers can be offered to the courts, the judges and the jury.

If more and more officers step up and file suits against the city and these individuals, perhaps the abuse will stop. Perhaps even bankrupt Mayor Lockdown.

How ironic it’d be if all the money mr. Lockdown amassed as part-time mayor, full-time Global Montelleo be paid out to police officers whom were abused by this idiotic oppressive admin.

Ron Kitterman
Ron Kitterman
9 years ago

I heard today 3 young officers are leaving in 2 weeks, Settlement would be the best option, but that would never happen, it’s not in their DNA, there are no limits as to how far they will go.

Johnny2Shoes
Johnny2Shoes
9 years ago

Testing. My post didn’t go through.

Sean
Sean
9 years ago

“Also, what crime is perpetuated? Workplace favoritism? I’ve been passed over for raises many times because of this or that. Doesn’t mean they are violating my civil rights.”

This is a very telling statement.

Long term service has less to do with promotion then most people realize or want to realize.

“Decency, Nice Guy/Gal” status, and years of showing up
on time and even doing a very good job are not always attributes that automatically will elevate employees, in sensitive positions, to automatic promotions.

For those who have decided that this is an open and shut case of discrimination and favoritism, (and nothing more) you have not looked at other potential possibilities.

Santanio Valdez
Santanio Valdez
Reply to  Sean
9 years ago

[REDACTED]

Bonnie
Bonnie
Reply to  Santanio Valdez
9 years ago

I’m sure you did!

Dave Berry
Dave Berry
Reply to  Santanio Valdez
9 years ago

Please redact. Personal attack and not advancing conversation

Chuck Vincelette
Chuck Vincelette
Reply to  Santanio Valdez
9 years ago

So what? Where did you hear this?

Johnny2Shoes
Johnny2Shoes
9 years ago

Serpico actually attended a few family events over at my Uncle Guido’s home in Austerlitz, NY.. He talked some but not much of his past. It was pretty cool meeting him.

Serpico, citing ‘old boys’ club’ in town hall, runs for town board seat

Tuesday, September 1, 2015 12:00 am

By John Mason Columbia-Greene Media

STUYVESANT — The Stuyvesant Democratic Party has nominated three candidates for the fall election who are concerned about equality, justice and fair treatment. One of them has an international reputation for his dedication to these ideas.

Frank Serpico, known for exposing corruption in the 1960s New York City Police Department, has been endorsed by the Stuyvesant Democratic Party as a candidate for the Town Board. He joins Lee Jamison, running for town supervisor, and Edson Folmsbee, also running for Town Board.

Serpico is “coming out of retirement due to his concerns for equal justice in Stuyvesant,” according to a press release from Jamison. “Initially reluctant, Serpico was cheered on by the crowd who repeated that Stuyvesant and the county needed him now. He said if he were younger, he would have run for district attorney himself, but this year he will work for the election of D.A. candidate Ken Golden.”

Serpico was an undercover cop in the New York Police Department in the 1960s and 1970s who blew the whistle on rampant corruption throughout the department. When he was shot in the face during a drug raid on Feb. 3, 1971, fellow officers did not come to his aid. He recovered, but lost his hearing in one ear.

“I have (bullet) fragments all over my head, inoperable,” he said.

When he went to his superiors, he was largely ignored, until he went to the press. A big story in the New York Times led to the formation of the Knapp Commission, before which he testified in 1972. The publicity he generated, leading to a best-selling book and a major Hollywood movie, starring Al Pacino, based on his life, helped to somewhat change the way the NYPD operated.

He lives in a secluded home near the Hudson River. He bought the property in 1968, and after spending some time in Europe, had his house built in the early 1980s.

The late Ken Hummell, the tax collector at the time, built the house.

“When I got to his house, he had a beautiful view of the Hudson,” Serpico said. “He wasn’t there, so I left him a note. I said, ‘I found Paradise, but no one was home.’ I repeated that at his wake. I have a pair of eagles circling my cabin, and ruby-throated hummingbirds.

“I’ve been there a long time,” he said. “I know the ins and outs of the politics. If the ticks don’t get you, the politics will.”

Serpico promised to bring “truth and honesty, uncompromisingly.”

“Politics should be about serving the people, not yourself and your party,” he said.

“I thought back to when I was a cop and I joined the police department and found all this corruption,” he said. “I thought, ‘I don’t need this.’ I didn’t join to be a crook. The cops were making millions of dollars back then. I thought I could quit anytime, but before that, I’ll let them know I’m here.”

For the last five years, he has been in a dispute with a neighbor who finally pleaded guilty to trespassing on Serpico’s land, and was ordered to pay $350 in restitution for cutting down at least a dozen trees. Serpico, who was represented by Columbia County District Attorney Paul Czajka, believes the trees were worth thousands of dollars and that he did not get a fair hearing.

Czajka said that he asked for substantially more damages, but would not criticize the judge’s decision.

In general, Serpico said, he’s interested in protecting the environment.

“People travel hundreds of miles to see a bald eagle flying around town,” he said. “It’s a beautiful habitat. Even the corner of my property was a globally rare habitat and they don’t seem to care about that. It’s the old boys’ club, all taking care of each other.”

dusty downer
dusty downer
Reply to  Johnny2Shoes
9 years ago

Interesting article. Did he really say, “Politics should be about serving the people, not yourself and your party?” That certainly is an odd take on it at least from a Pittsfield point of view.

spagirl
spagirl
Reply to  Johnny2Shoes
9 years ago

Really good article, Johnny. Thanks.

Jaxur
Jaxur
Reply to  Johnny2Shoes
9 years ago

Great article Johnny. Any chance of getting Serpico to move to Pittsfield. Imagine him as mayor!!!

Dilly Dally
Dilly Dally
9 years ago

There are NearlyThousand State workers making over 100 g yearly. So, maybe the Police need better pay anyway.

Thomas More
Thomas More
Reply to  Dilly Dally
9 years ago

a thousand – I suggest you go here
http://massopenbooks.org/payrolls/

Dilly Dally
Dilly Dally
9 years ago

10 thousand, excuse me.

Mr. X
Mr. X
9 years ago

Ron K…I heard the same thing…plus with Coco probably gone and a retirement and disability pension in the mix…not a good time to suddenly lose 6 cops

dusty downer
dusty downer
Reply to  Mr. X
9 years ago

Can you say why 3 young officers are leaving? On their own or forced out?