Shelton cop sues chief, co-worker
SHELTON — Police Detective John Hubyk is suing Chief Joel
Hurliman and Detective Ben Trabka, citing invasion of privacy and emotional
distress.
The May 17 civil suit is the result of an incident in 2010,
when Trabka was the subject of a criminal complaint that he painted on a
building owned by fired police Officer Loren Casertano, said his attorney, Rob
Serafinowicz of Waterbury.
The suit alleges Trabka and Hurliman invaded Hubyk’s
privacy; interfered with Hubyk’s ability to do his job; and inflicted negligent
and intentional emotional distress. It also accuses Trabka of defamation.
Hubyk seeks damages and costs of more than $15,000.
Trabka declined comment Tuesday and Hurliman could not be
reached.
Trabka and Hurliman are very highly decorated officers, said
a city spokesman. Trabka has been on the force about 25 years. The chief has
served since 1978 and has two master’s degrees, the spokesman said.
The issue will be handled by the city’s insurance carrier.
Hubyk, of Naugatuck, has worked more than 20 years with the
Police Department, has an “exemplary record” and has never been disciplined,
the complaint says. He works with the state police Auto Theft Task Force,
Serafinowicz said.
The suit was served in Superior Court in Waterbury.
The issue revolves around a memo written by Trabka to
Hurliman. The memo mentioned Hubyk when Trabka was responding to allegations
made by Casertano, Serafinowicz said Wednesday. The issue is not about the
building, he said.
“Hubyk had nothing to do with it (the spray-painting
incident),” Serafinowicz said, but Trabka “dragged him in by including
allegations about him in his response
Hubyk, in a statement issued by his attorney, said, “Nobody
in any job should be subjected to what I was at the hands of co-workers and
supervisors.”
Casertano had complained that Trabka spray painted over the
words: “Ben Trabka is a f...... douche bag,” Serafinowicz said.
Serafinowicz said he did not know who had written on the
building.
Trabka did not deny the criminal allegation, the suit says.
“The complaint (by Casertano) never went anywhere,”
Serafinowicz said. “The chief said he would not do anything about it.”
Trabka told Hurliman and other superiors that his action was
justified because the building’s appearance was offensive, the suit alleges.
In responding to the allegation of criminal activity, Trabka
made numerous allegations in July 2010 about Hubyk, the suit says. Trabka said
Hubyk was unstable, subject to mood swings and a physical threat, the suit
alleges.
Casertano was fired in May 2011 after 24 years on the job.
He is involved in mediation with the state Labor Board to be reinstated and is
involved in a drug case in Superior Court, Milford.
At the time of Casertano’s firing, Hurliman had said an
internal investigation determined Casertano violated department rules and
regulations, though Hurliman refused to elaborate.
Serafinowicz is also representing Casertano. He has said his
client’s firing was an act of retribution by Hurliman.
According to a 2008 warrant affidavit, Casertano was
arrested after an incident in which a female student stole an iPod from his
daughter at Shelton Intermediate School.
State police charged him with fifth-degree larceny and
conspiracy to commit tampering with/fabricating physical evidence. The counts
were dismissed after he completed an accelerated rehabilitation program and two
days of probation.
Casertano paid $370.98 in restitution.
Casertano, on March 23, was arrested on five drug counts by
state police in Bethany, to which he has pleaded not guilty.
A warrant details the morning of May 19, 2011, when five
city officers entered Casertano’s work locker and found eight pills labeled Vicodin,
and two syringes. Casertano was charged with illegal possession of a narcotic
and illegal possession of a prescription not in a container, both felonies; and
illegal possession of a controlled substance, two counts, and use and
possession of drug paraphernalia, both misdemeanors.
Tests done on the evidence at the state police lab showed
two of the eight pills were hydrocodone, the warrant says. Vicodin is
hydrocodone bitartrate and acetaminophen.
The tests also showed residue of various compounds of
testosterone, a steroid, the warrant says.