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| NEWS > 21 February 2011 |
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Everyday ethics: ER doctor fac
I am an emergency-medicine physician. The police and EMS brought in a man in handcuffs who passed out while driving and hit a barrier. They thought he was drunk, which our alcohol test confirmed. But when he identified himself as an off-duty police officer, the cuffs were removed and no charges were filed. Can I report this without violating my ethical and legal duty to protect patient privacy?
- Name Withheld, New York
Legal concerns aside, you may ethically report this. Doing so would simply restore matters to what they would have been had the police done their jo... Read more
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 Article sourced from
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Eagle Tribune
21 February 2011
This article appeared in the above title/site.
To view it in its entirity click this link.
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Methuen Police Department, MA
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Police sergeant sues city, cops for slander
METHUEN — Police Sgt. Larry Phillips says he cooperated with the FBI for an investigation of police Chief Joseph Solomon in 2006.
He alleges that Solomon ordered him not to charge the chief's then brother-in-law, James Caron, in a theft case. Phillips reported the interference to the FBI and then became the victim of a campaign to harass him and tarnish his reputation, according to a federal lawsuit filed by Phillips.
Phillips is suing the city, Solomon, Capt. Randy Haggar, Lt. Michael Pappalardo, Capt. Katherine Lavigne, Officer Joseph Aiello, Officer Ronald Valliere and the patrolmen's union. His suit says the defendants slandered him and caused him stress, anxiety, high blood pressure and sleep deprivation. His marriage is also strained, the lawsuit says.
The suit also says Phillips was retaliated against for cooperating with the FBI and proceeding with a criminal investigation against Caron. He is suing for $750,000.
Solomon's attorney, Andrew Gambaccini, said several of Phillips' claims are "exceedingly stale."
"Any individual with a couple hundred bucks for a filing fee and a few pieces of paper can put together a complaint and file it based upon any kind of grievance, no matter how slight or imagined," Gambaccini said.
City Solicitor Peter McQuillan, who will represent the city and the officers in their official capacity, declined to comment.
"The complaint is still being reviewed," he said.
McQuillan said the officers will have their own lawyers in the case as well.
Phillips' suit says Capt. Kristopher McCarthy told him on April 6, 2006, to investigate allegations of theft and receipt of stolen property by at least two people. McCarthy told Phillips not to charge Caron, who was one of the suspects, the lawsuit says.
Phillips discovered that Caron was involved in the theft and re-sale of a lawn tractor and skid steer from a John Deere dealership in Kensington, the suit says. However, Lt. Michael Wnek told Phillips that he received orders from Solomon and McCarthy to only charge the other suspect, the lawsuit says.
Phillips thought this was a conflict of interest and contacted the FBI, according to the suit. Phillips received a subpoena to testify before a federal grand jury in August 2007 and notified his superiors, the suit says. Solomon has not been charged.
Phillips' lawsuit says Solomon entered the police station about 8 p.m. on Aug. 24, 2007, and saw several officers eating. The chief "immediately engaged in a campaign of intimidation and abusive behavior" and "began screaming and became verbally abusive," according to the suit.
"Shortly thereafter, Larry Phillips discovered that four hours prior to the chief's arrival at the Methuen Police Department, Mr. Caron had received a subpoena to appear before the same federal grand jury at which the plaintiff (Phillips) was scheduled to testify," the lawsuit says.
The suit does not mention that Aug. 24, 2007, was a Friday and Solomon found six on-duty officers at the station that night with a Patriots pre-season football game on television, leaving two officers patrolling the city. That incident was the subject of extensive testimony at the civil service hearing where Solomon successfully fought to get his job back after Mayor William Manzi fired him in May 2008.
Police filed charges against Caron while Solomon was off the job, and Caron was sentenced to probation.
Solomon deferred to Gambaccini for comment on Phillips' lawsuit. Lavigne said she could not comment and Haggar deferred to McQuillan. Patrolmen's union President Larry May deferred to the union's lawyer, who did not return a call. Aiello, Valliere and Pappalardo did not return calls on Friday.
Other claims in the lawsuit:
* Sgt. Larry Phillips alleges Chief Joseph Solomon backed a blog — methuenpolicesecrets.blogspot.com — which spread false information about Phillips, including accusations of alcoholism, sexual harassment, bullying, physically abusing his wife, assaulting officers and violating ethics laws.
* Solomon accessed Phillips' personnel files and disclosed confidential medical information to Solomon's attorneys.
* Lt. Michael Pappalardo visited police in Salem, N.H., where Phillips lives, to attempt to "dig up dirt" about domestic violence involving Phillips.
* Solomon ordered Capt. Katherine Lavigne to conduct an internal investigation of Phillips based upon a "shoddy" allegation of harassment of a dispatcher and two officers. Phillips was not asked for his side of the story.
* Officer Joseph Aiello, as union president, filed multiple frivolous grievances against Phillips.
* Officer Ronald Valliere fabricated an allegation that Phillips assaulted him during a training exercise.
* Capt. Randy Haggar solicited complaints about Phillips and encouraged officers to fabricate allegations.
* Phillips was reassigned on Jan. 2, 2010, and given no responsibilities. Solomon ultimately put him on a shift.
* Phillips was suspended for 30 days in 2007, but does not know why.
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