Judge tosses out inmate’s lawsuit against Hampshire County Sheriff’s Office 

By SCOTT MERZBACH

Staff Writer

Published: 01-01-2023 8:22 PM

NORTHAMPTON — A Hampshire Superior Court judge has dismissed a lawsuit against the Hampshire County sheriff and other staff members at the Hampshire County Jail and House of Correction brought by a former inmate who argued his rights were violated after being placed in isolation while held there last winter.

Judge Richard Carey on Dec. 28 agreed with a motion filed by Charles Maguire, a special assistant attorney general representing Sheriff Patrick Cahillane, to dismiss the lawsuit that was filed in May by Thomas Wojcik, an inmate at at the Cheshire Correctional Institute in Connecticut.

Carey’s reasoning was based on arguments made by Maguire, including that Wojcik had brought the lawsuit too late based on state law and had not exhausted the existing inmate grievance process.

“The plaintiff’s complaint is dismissed with prejudice for the reasons outlined above, as well for the reasons outlined in the defendants’ memorandum in support of motion to dismiss,” Carey wrote in his decision.

Wojcik’s lawsuit alleged cruel and unusual punishment while he was a pretrial detainee, writing that numerous violations of his rights resulted in him serving 64 days of isolation from Jan. 7 to March 11 after he allegedly smuggled Suboxone into the Rocky Hill Road site. Wojcik alleged he was punished before a finding that he had done anything wrong, that he was denied the required breaks from isolation every 10 days and that the administrative process was not run properly.

Cahillane issued a statement following the court decision that he stands by the protocols in place.

“We educate and train our staff to ensure that the Constitutional rights of the people in our custody are not violated,” Cahillane said. “We also are very mindful of the fact that there are people in our custody who will try to violate rules and laws, therefore we are vigilant in our effort to keep drugs and all contraband out of this facility. This is a daunting task which requires all staff to be alert to violations. The outcome of this case underscores the work that is done on an ongoing basis.”

Maguire disputed all the points in the lawsuit and referred to it as “a hodgepodge of legal buzz words cobbled together and dressed up as claims.” Maguire was also responsible for defending other employees of the sheriff’s office, including Capt. Matthew Garvulenski, Sgt. Andrew Robidoux, Capt. Eric Jacques and Beth Stetzel, the records specialist.

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Wojcik had sought $19,200, or $300 per day in isolation, in compensatory damages plus court costs, and another $36,000 in punitive damages, and asked for a court order to ban the use of the “awaiting action/room restriction” status to start isolation before any finding of wrongdoing.

But in October, Wojcik sought a dismissal of the case without prejudice so he could “refile this complaint in the future if the urge arises.” That was turned down by Carey after Maguire objected, noting that the case had already consumed resources, hours and taxpayer money, and that the sheriff’s office shouldn’t have to face the whim of a “Wojcik do-over.”

“This is not a friendly round of golf where buddies are afforded the courtesy of a mulligan,” Maguire wrote. Wojcik was arrested in October 2019 by Massachusetts State Police troopers inside a stranger’s home on Aberdeen Road in Goshen. He was the subject of a fugitive-from-justice warrant on burglary, robbery and larceny charges. His current prison sentence in Connecticut stems from a larceny charge.

Scott Merzbach can be reached at smerzbach@gazettenet.com.]]>