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BY BETTY ADAMS
Staff Writer 05/13/2008

Staff Writer

A federal judge recommends clearing the Gardiner police chief and the city of claims it mistreated a man having a mental-health crisis.

In a federal lawsuit, Gordon D. Warman Jr., 39, of Gardiner claimed his civil rights were violated by the city, Police Chief James Toman and Officer James Gioia. Claims against Gioia remain active.

The lawsuit, filed in U.S. District Court in Bangor by Warman's attorney, Michael T. Bigos, says the violation occurred on Sept. 29, 2005, after Warman's then-girlfriend sought help to prevent Warman from hurting himself.

Mental-health professionals told Warman's girlfriend to call Gardiner police, according to the lawsuit.

Gioia responded to the Highland Avenue call and saw blood on Warman's arms as Warman stood in his apartment doorway.

Warman says Gioia grabbed him and threw him to the ground.

Warman says he suffered cuts, bruises and a fractured elbow, plus "permanent personal injuries, physical and emotional pain and suffering, mental emotional distress and other injuries" as a result of the police action.

The claim says Gioia was negligent and violated Maine's Civil Rights Act as well as Warman's constitutional rights.

In an answer filed by attorney John J. Wall III, the defendants rejected the claims and said Warman's conduct caused or contributed to his injuries.

Magistrate Justice Margaret Kravchuk issued a decision Friday recommending judgment in favor of the city and Toman because "the undisputed facts establish there can be neither supervisory nor municipal liability imposed in this case."

She went on to say, "Gioia does not seek summary disposition of the case, as the facts surrounding Gioia's use of force against Warman are clearly in dispute."

Wall said he did not ask for dismissal of the claims against Gioia because there is a dispute about what happened.

"In all likelihood, the case would get set for trial," Wall said Monday. "It depends on whose version of evidence you believe."

Wall said no charges were filed against Warman as a result of the incident.

"The police weren't there to charge him," Wall said. "They were there because they were called to the scene because his girlfriend said he was hurting himself."

Kravchuk's recommendation will be reviewed by U.S. District Court Judge John A. Woodcock Jr.

Bigos said he had yet to speak to his client about Kravchuk's recommendation but doubted his client would "file any objection to her recommendation," Bigos said Monday.

Betty Adams -- 621-5631

badams@centralmaine.com

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