SHUTESBURY — Two claims a Shutesbury resident brought in a federal lawsuit against municipal employees, contending they infringed on his First Amendment and Fourth Amendment rights, are still active in U.S. District Court in Springfield.
While Judge Katherine A. Robertson agreed with the town’s request for summary judgments for some of the claims, she denied the same for a First Amendment retaliation claim against the town’s library director and a Fourth Amendment excessive force claim against the former police chief.
“This is a big win,” said Michael Hootstein, a hydrogeologist and 26-year resident who filed the lawsuit in May 2023 after he expressed concerns about potential contamination on the 22-acre site at 66 Leverett Road. That is the location of a new town library now nearing completion.
Hootstein, who is representing himself, said he “survived a summary judgment” and is feeling “richly rewarded” after using the tools of democracy as a pro se litigant.
“The evidence is so strong that a judge couldn’t dismiss it,” Hootstein said.
The lawsuit came after an April 18, 2023 incident in which he was detained by then Police Chief Kristin Burgess on the site known as Lot O-32, and contends that this happened after police were called by Library Director Mary Anne Antonellis.
In the Dec. 8 decision, Robertson wrote that Hootstein had been known as one concerned about the hazardous waste dangers to drinking water, wetlands and human health at Lot O-32.
“A reasonable trier of fact could conclude that being subjected to such an encounter with law enforcement might deter a reasonably hardy individual from engaging in further protected speech regarding the suitability of Lot O-32 for the new library,” Robertson wrote.
The excessive force claim couldn’t be part of summary judgment even though the town stated that the police chief is entitled to protection from liability based on the doctrine of qualified immunity.
“This argument for qualified immunity is premised on viewing the record in the light most favorable to defendants. As a result, they have not met their burden on the affirmative defense of summary judgment at this time,” Robertson wrote.
The eventual outcome of the lawsuit is unknown, though Hootstein said he would like to settle it and to heal the community, with the new library expected to open in early January.