Concord, NH– Jay MacKenzie, represented by Preti Flaherty attorney
Peter Callaghan, won a $500,000 jury trial verdict on December 3, 2007 in the
case of Jay MacKenzie v. Rockingham County Sheriff Daniel Linehan. MacKenzie
sued the Sheriff for wrongful discharge and false imprisonment after being
terminated from his position as a deputy sheriff over three years ago for
alleged violations of department rules. His former employer, Sheriff Daniel
Linehan, claimed MacKenzie had violated a number of department rules, but a
Hillsborough County jury disagreed. MacKenzie will receive $500,000 in damages.
Underlying events led Linehan to terminate MacKenzie. While off-duty,
MacKenzie and another off-duty deputy sheriff were approached by a citizen in a
parking lot who requested assistance but who then initiated an altercation. The
citizen later claimed that he was assaulted. Following an investigation,
MacKenzie and the other deputy sheriff were cleared of any criminal wrongdoing
by the Attorney General.
At issue in the trial was whether Linehan’s conclusion of wrongdoing was
supported and whether duty requirements applied off-duty. In order to
prevail on his wrongful discharge claim, MacKenzie proved that he was terminated
in violation of public policy and that the termination was motivated by malice
or bad faith. In addition, MacKenzie prevailed on his claim of false
imprisonment, which was based on the Sheriff blocking him from leaving a room
following the termination.
MacKenzie is pleased that the long ordeal is over, that he has been
vindicated and that other deputies may benefit from this ruling.
Callaghan's practice includes employment law, civil litigation, business law,
torts and criminal law. He has significant trial experience in federal and state
courts.
About Preti
Preti Flaherty has offices in Portland and Augusta, Maine, Concord, NH and
Boston, MA. With more than 85 attorneys, the firm counsels clients in the
areas of business law, energy, environmental, estate planning, health care,
intellectual property, labor and employment, legislative and regulatory,
litigation, technology and telecommunications.
###
