Archive for the ‘Lawsuits’ Category

Ongoing Lawsuits

Wednesday, May 19th, 2010

Atkinson vs Daniel Osborn, Trustee – Countersuit

Atkinson vs Daniel Osborn, Trustee – 1st Decision

Atkinson vs Daniel Osborn, Trustee
[This is a very large file 3.3MB]

Answer to Defendants’ Counterclaims – RTK Lawsuit of 2009

RTK Lawsuit RESPONSE 2009

RTK Lawsuit Update – Full Suit 2009
[This is a very large file 1.5MB]

Three Residents Sue Atkinson Over RTK Law 2009

Artus vs Town of Atkinson 2009

Brownfield vs Town of Atkinson 2008

Cambrilli vs Town of Atkinson 2008

Acciard vs Consentino, Sapia, Polito Initial Pleading and Writ

Acciard vs Consentino Notice of Appearance

Settlement of the Peak vs. Consentino Dockett #: C-836-84 case was so large it is still sealed under a non-disclosure agreement.

Wayne Peak vs Philip V. Consentino
Initial Pleading
Dockett #: C-836-84

Wayne Peak vs Philip V. Consentino
Plaintiff Final PreTrial Statement
Dockett #: C-836-84

Acciard vs Consentino
Appeal by Town Counsel
Dockett # 2005-0684

Acciard vs Consentino
Consentino Violates Court Order
Dockett # 2005-0684

Acciard vs Consentino
Court Finds Consentino in Contempt
Dockett # 04-E-384_v2

Acciard vs Consentino
Court Orders Consentino to Recuse
Dockett # 04-E-384

Acciard vs Consentino
Motion Seeking Injunctive Relief
Dockett # 04-E-384

Acciard vs Consentino
Petition for Contempt
Dockett # 04-E-384

Acciard vs Consentino
Summary of Documents
Dockett # 04-E-384

Grant vs Atkinson
Motion to Compel – Video Destroyed by Consentino
Dockett # 06-E-056


Grant vs Atkinson
Petition to Remove Board of Selectmen
Dockett # 06-E-056

Grant vs Atkinson Selectmen
Summary
Dockett # 06-E-56

Grant vs Atkinson
Plaintiff’s Closing Brief
Dockett # 06-E-56

Baldwin vs Atkinson
Docket # 03-C-0099

Atkinson Police Chief subject of lawsuit

Wednesday, March 4th, 2009

February 3, 2009
Union Leader

ATKINSON – Two residents who claim police Chief Philip V. Consentino bullied people into removing their names from a warrant article petition are preparing to sue the chief and the board of selectmen.

In a notice sent to the town by attorney Charles Douglas, residents Leon Artus and Gary Brownfield claim Consentino, 68, harassed and intimidated residents into removing their names from a petition that would have changed the chief position from part time to full time and raised the job’s minimum qualifications.

Artus and Brownfield collected signatures for the petition.

During Saturday’s deliberative session, voters overwhelmingly supported an amendment to the warrant article that restored Consentino’s hold on the position.

Had the warrant article passed in its original form, the town would have been required to hire a chief with at least a bachelor’s degree in criminal justice and 15 years of experience in law enforcement.

Consentino, who has been chief for 40 years, said neither he nor his second-in-command could meet those requirements and that he was specifically targeted by people trying to get rid of him.

Douglas, however, claims Consentino is responsible for a pattern of civil rights violations made even more serious by the chief’s position in town.

“He’s got a gun, a badge, a cruiser and a bunch of armed men working for him called the police department,” Douglas said. “It’s not like he’s the town librarian.”

Douglas said his clients are seeking monetary damages and an injunction against any further intimidation.

He said he planned to formally file the lawsuit by the end of this week. The lawsuit will also name the current board of selectmen and former selectmen Jack Sapia and Francis Polito, Douglas said.

Neither Artus nor Brownfield would comment on the lawsuit.

Sumner Kalman, the town’s attorney, did not return messages yesterday.

Resident ready to sue town, police chief

Friday, January 30th, 2009

January 30, 2009
Eagle Tribune

ATKINSON — Leon Artus thinks police Chief Philip Consentino has been intimidating residents who support a warrant article that could cost the chief his job.

He feels so strongly about it he is preparing to sue Consentino, selectmen and the town of Atkinson.

Artus, founder of the Atkinson Taxpayer Committee, said he never had a problem with Consentino until earlier this month when he was collecting signatures for a petitioned warrant article that would put Consentino out of a job. The article directs the town to hire a full-time police chief — with a bachelor’s degree and 15 years experience.

Consentino is a part-time chief, limited to 25 hours a week. He said he is the lowest-paid member of the Police Department, with an annual salary of approximately $21,000.

Artus also was involved in collecting signatures for a warrant article that would expand the town’s elderly affairs services, another department headed by Consentino. The chief is not paid for his work as elderly affairs director.

Artus’ attorney, Charles Douglas, said he plans to file the lawsuit next week. Douglas, a former state Supreme Court justice, said filing a notice of intent is the first step in the process and he did so on Wednesday.

“The letter summarizes what will be in the suit,” Douglas said.

Douglas sent a letter to selectmen this week, claiming within hours of the two petitioned articles being delivered to the town office, Consentino “was calling elderly signatories to demand an explanation as to why they had signed petitions which might impact his long hold on the Police Department and Elderly Affairs Office.”

Douglas’ letter claims Consentino’s actions violated Artus’ civil rights. He goes on to say Consentino used his position as police chief and elderly affairs director to intimidate citizens into silence.

Consentino could not be reached for comment yesterday.

But it’s not the first time these claims have been made since the petitioned articles were submitted.

Two weeks ago, Consentino said he did contact three people who signed the articles to question why they wanted him out of a job. But he denied intimidating anyone. That same day, he said, he received a letter from an elderly resident, thanking him for his help during the ice storm. Consentino said he was surprised to see her name on a petition that would oust him from his job.

Artus said yesterday the articles aren’t targeting Consentino.

“This is about moving the Atkinson police department into the 21st century,” Artus said. “If he can’t qualify for the job — he’s had it for a long time — let someone else who’s qualified do it,”

Consentino is a 40-year veteran of the Atkinson Police Department, a former three-term selectman and the director of elderly affairs.

The elderly affairs article is intended to expand the program and allow it to benefit more citizens, according to Artus. There is nothing in the article that would remove Consentino from his job as its director, he said.

Douglas’ letter also takes selectmen to task for not reprimanding Consentino.

“The town’s inaction constitutes an established pattern and practice of ratifying and complying with Chief Consentino’s flagrant violations of Atkinson residents’ civil rights,” Douglas wrote.

Selectmen William Friel and Fred Childs said last night they had not seen Douglas’ letter. But they also said Artus has never come to selectmen to complain about Consentino.