Former officer sues city, police over dog dispute

NASHUA - A former officer is suing the city and its police department, claiming police trespassed at his home, invaded his privacy and ultimately forced him from his part-time post while handling complaints about his son’s dogs.

Robert and Janet Henderson, of 16 Valencia Drive, filed suit against the city Oct. 30 in Hillsborough County Superior Court. Their lawyer, Steven Maynard, of Nashua, was unavailable for comment.

Police Chief Donald Conley defended the department’s handling of the neighborhood dispute and said Henderson wasn’t fired, but resigned.

“I believe that when the facts are presented in a court of law, we will prevail,” Conley said.

Henderson had officially retired from the department years ago, but was rehired to work part time as the department’s first senior relations officer. Henderson left the department for good in November 2006, about a week after police came to his house and seized six dogs belonging to his son, John Walker Henderson, The Telegraph reported in 2007.

The dogs, most of them American pit bull terriers or mixed breeds, had drawn extensive complaints from neighbors, mainly for their barking while out in the yard.

Police were called to the house repeatedly over the spring and summer of 2006 on complaints about the dogs, though the Hendersons contended that the dogs only raised a ruckus when riled by neighbors or the police.

Eventually, police began citing Henderson for the dogs and on Oct. 31, 2006, several officers and Animal Control Officer Robert Landis went to the house and seized the dogs.

Police cited both Robert Henderson and his son with having “nuisance dogs,” a violation under state law (RSA 466:31), though repeated offenses can rise to a misdemeanor.

The Hendersons charge that police had no permission, warrant or other legal authority to enter their property, and used a bolt cutter to remove a padlock from their gate.

Their suit also charges that the complaint brought against Robert Henderson was “without legal basis,” and intended mainly to coerce Henderson’s son.

Conley said Henderson was cited simply because the dogs were on his property and said he believes the department handled the matter appropriately.

A judge later dropped the complaint against Robert Henderson, but found John Henderson guilty of eight violations and a misdemeanor resisting-arrest charge. John Henderson had been arrested twice on charges of disorderly conduct and resisting arrest stemming from two police visits before the dogs were seized, and he had lodged a complaint against one of the arresting officers with the department. John Henderson eventually got his dogs back and moved out of state.

Representing the police department in district court, Assistant Hillsborough Assistant County Attorney Michele Battaglia argued police didn’t need a warrant to seize the dogs, since the Henderson had failed to do anything about the ongoing nuisance violations.

The Hendersons said in 2007 that Robert Henderson was effectively “pushed out” of the police department as a result of the conflict. In a letter published in The Telegraph in 2006, Henderson wrote that he was retiring from the post, stating, “This decision was a difficult one to make but after 35 years of service a change was needed.”

The Hendersons’ lawsuit charges police with trespass, malicious prosecution, invasion of privacy, interfering with his financial interests and inflicting emotional distress. They seek compensation for the emotional distress, lost wages and legal expenses.

The city has until January to respond to the suit, and has not yet done so.

Andrew Wolfe can be reached at 594-6410 or awolfe@nashuatelegraph.com