A lawsuit filed against the town by a local man and dismissed last week by a federal judge cost more than $64,000 in legal fees to defend—a figure that amounted to about $10,000 in actual costs for taxpayers before coverage kicked in, according to the municipality’s highest elected official.
That $10,000, however, does not factor in higher premiums that New Canaan must pay—due in part to the frequent suits from this single resident—nor does it count past legal actions or the significant amount of time that town officials must spend tracking down information in order to answer them, First Selectman Rob Mallozzi said.
“We end up paying higher premiums because of the activity,” Mallozzi told NewCanaanite.com when asked about New Canaan’s legal fees vis-a-vis Nowacki.
“The biggest thing to me is—yes, there are taxpayer dollars expended on these—but that my staff has to run around chasing down these accusations. In my six years [in office], all of these federal claims have been thrown out. Our time could be better spent. The time we spend on this one resident could be better spent.”
The resident in question is Michael Nowacki. Asked for a comment, Nowacki said through email that “the town spends no money defending itself.”
“All municipalities by law pay premiums on a liability insurance policy provided by an insurance policy which is required by law with total coverage limits defined in the policy,” he said.
Nowacki added that the town’s administrative officer “can provide details on the annual policy premiums which have been relatively stable (meaning no impact on the financials statements in the town).”
“Perhaps your question should be what were the costs to me for defending myself for false arrest, malicious prosecution, unlawful incarceration, egregious bonds, appellate court fees, lawyer fees for my successful acquittal and dismissal for crimes [of] which I was ultimately found not guilty by a jury of my peers, acquitted and dismissed.”
In his most recent lawsuit, Nowacki named the town, 10 police officers, former chairman of the Police Commission and state as defendants in seeking monetary damages following his three arrests by local authorities in 2010. The four criminal charges brought against Nowacki all would be vacated—two by jury trial and two on appeal. Yet Nowacki served three weeks’ incarceration following initial convictions, and as such claimed “he has endured severe emotional, psychological and financial distress as a result of being arrested, prosecuted and convicted,” according to U.S. District Judge Jeffrey Alker Meyer. Citing the United States Constitution, statute of limitations and qualified immunity, among other legal principles, Meyer in a ruling filed March 28 upheld the defendants’ motion to dismiss Nowacki’s claims.
Nowacki’s lawsuits and related activities in recent years likely have cost the town several tens of thousands of dollars in legal fees alone, Mallozzi said.
The town is covered by the New Haven-based Connecticut Interlocal Risk Management Agency or ‘CIRMA,’ which provides legal protection in the event of suits such as those brought by Nowacki—legal actions on the federal level that cannot be addressed by the town attorney.
Mike, i am very glad that you included the years of costs to our town, and to us as taxpayers for these countless, numerous and endless information requests. We all want open and transparent government and access to information. FOIA is a good tool for that. But, many of us who have been involved in civic service have witnessed the abuse and exploitation of FOIA. Yes, government and school employees have been pulled away from their work for hours upon hours upon hours. I will not comment upon the behavior and demeanor of this resident in interpersonal relations in public places, although i have seen it firsthand.
Looking ahead to the 2017 town elections: unfortunately, the bar to getting on the ballot is such a low one, a percentage of voter turnout in last municipal election — so the number needed is something like 27 signatures! If there were ever an argument for encouraging people to vote in every election, this one is as good as any!