Jury finds in favor of Bethlehem police chief

Bethlehem

A federal jury found that the Bethlehem police chief retaliated against an outspoken patrolman, but determined that the disciplinary action would have happened anyway.

The verdict was a victory for Police Chief Louis Corsi and the town. The chief and town were found not liable and face no punitive penalties.

Former Patrolman Christopher A. Hughes sued Corsi and the town in a First Amendment retaliation case alleging that Corsi disciplined and suspended Hughes because of public statements he made criticizing the chief and the department.

The jury "found that Chief Corsi would have taken the same action even absent Mr. Hughes protected speech," said Thomas J. O'Connor, an Albany lawyer that represented Corsi and the town. "It is a complete victory for Chief Corsi."

But Hughes' lawyer said the jury's decision is not logical, and plans to ask the judge to set aside the verdict.

"The jury found that the chief of police, acting as a representative of the town of Bethlehem, engaged in retaliation against Christopher Hughes," Sussman said. "The jury also found that the same actions would have been taken whether they were retaliatory or not. It's a bit of a mind stretcher."

Seven jurors decided the case based on evidence they heard over a weeklong trial that ended Friday in the United States District Court. They deliberated for five hours on a series of questions given to them by Chief Judge Gary L. Sharpe.

In order to prove a First Amendment retaliation case, the jury had to find that the disciplinary action was retaliation for protected speech and the action would not have happened in absence of the speech.

"It is a bit puzzling because to say 'yes' to the first question, the jury had to say that retaliatory motivation was a substantial factor," said Sussman, a civil rights lawyer based in Goshen, Orange County.

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Jury finds in favor of Bethlehem police chief