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General News: Federal Judge Dismisses Case
October 25, 2006
A federal court judge has dismissed a suit brought by village resident Michelle Okin alleging that village and town police failed to respond to her repeated complaints of physical abuse and intimidation by her boyfriend, Roy Sears.
The suit, which sought punitive damages, stemmed from a series of incidents that Okin reported to the police between December 2001 and March 2003. Okin claimed that police responded to her calls but never arrested Sears and that the alleged abuse continued unabated.
She also charged that police failed to act because of personal relations between police officers and her boyfriend. She said police discussed sports with Sears rather than expressing concern for her safety or that of her children. Okin and Sears became parents of twin boys in May 2001, some six months before the alleged abuse began.
In her October 13 ruling, Federal District Judge Colleen McMahon found that Okin did not offer enough evidence of her claims to be able to make a case in front of a jury. McMahon’s ruling was in response to the defense’s request for summary judgment.
Village police chief Charles William said “we’re obviously pleased that the case has been dismissed. When you’re charged with violating someone’s right to due process, it is a pretty serious charge.”
Judge McMahon noted in her decision that the officers’ “conduct in the face of Okin’s complaints ranges from insensitive to incomprehensible.” She also wrote that the police showed “either a lack of training or lack of comprehension about the realities of domestic violence.”
However, the judge could not find evidence to substantiate Okin’s claim that police facilitated Sear’s abuse. She also noted that Okin had “scant” evidence that police failed to act to protect her because Sears was a personal friend of officers and had made financial contributions to the Town police department.
Okin, a former lawyer who pleaded guilty to larceny for taking money from clients and not performing the work in 2003, has thirty days to appeal the ruling. Calls to Okin’s attorney, Michael Sussman, for comment were not returned.
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