By David Robinson
The Morning Sentinel
FARMINGTON, Maine — A federal court may have to determine if corrections officers at Franklin County jail violated the rights of two former inmates who claim their food was poisoned as a prank.
The inmates’ lawsuits, filed last month in Franklin County Superior Court, have been moved to the federal District Court in Bangor, according to Peter Marchesi, attorney for the county.
Since the complaints involve the alleged violation of certain rights protected by the U.S. Constitution, the defendant has the right to remove the case to a federal court, said Marchesi. The notice of removal was filed Oct. 6, he said, and the county has also filed a motion to consolidate the lawsuits.
Robert Ayer of New Sharon and Stephen Wing of Industry made the accusations based on an alleged incident in 2008. Attorney Jonathan Hull, representing both men, has not returned multiple calls requesting comment.
The lawsuit is anticipated to address federal statutes that deal with cruel and unusual punishment and civil rights, according to Marchesi.
Jail employees are accused of intentionally contaminating veal patties and spaghetti with pepper spray, mace or some other noxious chemical, according to the lawsuit, and then laughing at the inmates when they became sick after eating the tainted food.
The complaint also alleges that jail officials denied the inmates’ repeated requests for medical attention, and threatened and harassed the men until their release.
Both men are seeking compensation for damages related to the incident, according to the lawsuit.
A trial is scheduled to begin after July 5, court officials said.
The lawsuit names eight jail employees, including Sheriff Dennis C. Pike, as defendants. The county administrative unit is also a defendant.
One of the two jail supervisors named in the suit retired recently, according to Pike. Four of the five corrections officers listed as defendants still work for Franklin County jail, he said.
Marchesi said the county reduced staff at the jail after the alleged incident as the jail made its transition from a full-service operation to a 72-hour holding facility during the state’s recent consolidation.
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