Biddeford faces federal lawsuit regarding police

A federal lawsuit against the city of Biddeford, Mayor Marty Grohman and Police Chief JoAnne Fisk has been filed in U.S. District Court, alleging that the city mishandled the criminal investigation of a traffic accident that occurred on April 4 this year.

The plaintiff, Katie Elie, 35, of Saco. has retained Biddeford attorney Jason Litalien to represent her in the proceedings.

According to court documents, Elie is alleging that her constitutional rights were violated by the Biddeford Police Department in their subsequent investigation of a vehicle that was found unoccupied off the side of the road near the intersection of River and South streets, a rural area known by longtime residents as ‘Molly’s Crotch.’

Litalien says his client drove off the road and then got a ride home from someone known to her.

On the next day, the Biddeford Police Department towed the abandoned vehicle – a 2022 Ford Expedition — to the police impound lot. When Elie returned to the scene of the incident at about 10 a.m., she noticed that her vehicle had been removed, claiming nobody notified her that her vehicle had been towed and was now impounded by the police.

In the complaint, Litalien says his client’s passport, some medications and other personal items were left in the vehicle and were not immediately available to his client as police began their investigation.

Litalien said that his client contacted police on Sunday April 6 and was told her vehicle was “seized.” Elie then contacted her attorney for help getting her vehicle back.

In the complaint, Litalien alleges that police did not notify his client that her vehicle was being impounded, furthermore Litalien says the police did not have probable cause for the seizure. He also says police had not filed criminal charges against his client and had not obtained a warrant before conducting their search.

Litalien says his client is seeking $500,000 in punitive damages.

When contacted by the Biddeford Gazette for comment, Police Chief JoAnne Fisk said she could not comment on an ongoing investigation and because the matter is now a matter of pending litigation against the city.

According to police records, Elie was charged with two counts on May 5: Leaving the scene of a motor vehicle accident and driving to endanger.

Like Fiske, Mayor Marty Grohman also declined to comment on the story, saying City Attorney Harry Center should be the contact person.

Center told the Gazette that the matter is being handled by another attorney, John Wall, a partner at Monaghan Leahy, a Portland law firm that represents the city’s insurance company, Paquin & Carroll.

When contacted Tuesday, Wall said he would not comment on the complaint because his client had yet to decide how to respond to the suit. Wall says the law provides his client with 60 days to address the pending suit.

Litalien said police violated several other rights held by his client and all U.S. citizens.

For example, even though Litalien had notified police that he was representing Elie in the matter, they contacted his client directly to inform her that she could pick up her passport and her medications.

“They told me on April 6 that the vehicle was impounded and sealed for investigation,” Litalien said. “They told me that I could not get her passport and medications. That’s just not acceptable.”

Litalien said the police then called her directly to say she could retrieve her passport and medications, a violation of state statute and an act of “bad faith” by police, he said.

Some 16 days after the incident, Litalien contacted the York County District Attorney’s office. He says the office confirmed that “no charges had been filed,” nor had a warrant been issued.

Litalien said his client filed the suit for three reasons. First, that city had violated her civil rights; secondly that she wanted to retrieve her property and finally to seek punitive damages.

Litalien says the Biddeford Police Department violated his client’s Fourth, Fifth, Sixth and 14^th Amendment rights under the U.S. Constitution.

In the suit, Litalien described the police conduct as “reckless, extreme and outrageous.”  He says the way police acted caused his client “severe emotional distress, anxiety and psychological harm that no reasonable person could be expected to endure.”

“They held her passport and her medications,” Litalien said. “Not only was she prohibited from traveling internationally but she has been put through the wringer, something that should never happen to anyone.”

Litalien says his client has suffered a loss of sleep, a loss of appetite and a constant fear that she will face further retribution from police.

In the lawsuit, Litalien points out that his client was forced to rent another vehicle, pay for replacement medications and endure severe emotional distress.

Litalien described police conduct in this matter as “willful, wanton, reckless and malicious.”

Litalien narrowly lost a 2019 bid to oust then Mayor Alan Casavant. Then, in 2023, Litalien lost a bid against former Police Chief Roger Beaupre for the Ward Three City Council set.

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