By Emily Allen
Portland Press Herald, Maine
PORTLAND, Maine — A Cumberland County corrections officer is suing the sheriff for firing him three years ago after he fought an inmate.
Vinal Thompson, 44, who returned to work at the jail in April after being acquitted of criminal charges, filed a civil complaint in U.S. District Court on Friday against Cumberland County, Sheriff Kevin Joyce and County Manager James Gailey, alleging they violated his due process rights as an officer. Thompson argues that he was illegally fired after a confrontation with an inmate and that the county had an obligation to pursue criminal charges against the inmate.
Instead, Thompson was charged with assault and reckless conduct and found not guilty by a district judge last year.
“Defendant Joyce treated Corrections Officer Thompson differently than he did other similarly situated corrections officers and patrol deputies who had been involved in similar incidents during the relevant time period,” the complaint alleges. “Defendant’s actions displayed a reckless and/or callous disregard of, or indifference to, the constitutional rights of due process and equal protection of Officer Thompson.”
Gailey “took no reasonable steps to protect plaintiff’s rights as a Cumberland County employee” when Joyce fired him, the complaint states. Thompson is asking the court to award him monetary damages, including punitive damages and attorneys fees.
Gailey said in an email Monday that the county will not discuss the allegations. Joyce did not return an email asking about the lawsuit.
Thompson was trying to get a urine sample on July 7, 2020, from John Katula, who was being held at the jail pretrial. When Katula was unable to provide a sample after 45 minutes, according to various court records, Thompson threatened to take Katula to a segregated housing unit and began approaching Katula with his handcuffs out.
A fight ensued, all captured on surveillance video from three different camera angles at the jail, Thompson’s latest complaint states. According to Thompson, the video shows that Katula “immediately assaulted” him and ignored orders from another officer to stop resisting.
Thompson said he began hitting Katula “to get (Katula) to stop assaulting him and submit” to the handcuffs. Thompson said in his complaint that he had to wrestle Katula to the ground with another officer.
Shortly after the incident occurred, Joyce placed Thompson on administrative leave and issued a statement to the media, stating that the videos showed Thompson “punch(ing)” Katula. Thompson has said this “deliberately misrepresented” what happened.
Joyce then asked Portland police to investigate. Thompson’s lawsuit says police didn’t suggest any charges, but the matter was still referred to the district attorney’s office in Androscoggin County. ( Cumberland County couldn’t handle the case due to conflicts of interest).
Judge Jed French determined after a three-day bench trial in 2023 that Katula had attacked first, and therefore the officer was within his rights to defend himself.
French disagreed with prosecutors that Thompson had relied on deadly use of force, despite Katula’s injuries. Both men were injured according to court records; Thompson broke Katula’s nose and later required physical therapy for a broken hand.
The same incident spurred a national union for corrections officers to request in June that the county remove Joyce from office.
Katula also sued Thompson in his official capacity, along with Joyce and the county, alleging his civil rights were violated. Katula dropped his case and settled with the county for $41,000 in January 2021.
In Thompson’s lawsuit, he claims he wasn’t given meaningful representation in the matter or an opportunity to respond to Katula’s allegations. He also argues Joyce failed to pursue felony charges against Katula for assaulting an officer, even though he said Katula was charged at the jail “administratively” and segregated for about a month.
Gailey confirmed Monday that Thompson returned in April to work at the jail. Jail officials have previously discussed their struggle to recruit enough corrections staff.
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