A lawsuit brought against the city of Nashua and Police Chief John Seusing by former Deputy Police Chief Scott Howe was remanded to state court after the city lost its bid to have the case transferred to federal court in Concord.

U.S. District Court remanded Howe’s wrongful termination and breach of contract suit to Hillsborough County Superior Court in Manchester on Dec. 23.

Attorney Donald L. Smith of Devine, Millimet & Branch in Manchester sought to have the case heard in federal court, saying Howe “appears to assert federal claims” with regard to alleged due process and equal protection violations. Smith represents the city and Seusing.

But Manchester attorney Joseph Kelly Levasseur said the suit makes no federal claims. He noted the state constitution affords at least the same protections as the federal constitution.

“Plaintiff (Howe) is the master of his complaint and is free to seek redress without being pulled into the court defendant feels suits them best,” Levasseur wrote.

The city of Nashua and Seusing have yet to file their response to the suit in state court.

Howe claimed Seusing forced his ouster from the force in 2013 because Seusing was unhappy about “bad press” that stemmed from a state investigation into the Nashua Police Relief Association’s questionable spending and payment practices, according to the suit filed Oct. 6. Howe was president of the NPRA at the time.

Howe, then a 26-year veteran of the department, claims Seusing gave him an ultimatum: retire immediately or lose about $50,000 of the $70,000 Howe had accumulated in sick and vacation time if publicly fired by the Nashua Police Commission. Howe claims Seusing lied when Seusing told him he had the votes on the commission to oust him.

Howe’s lawsuit alleges wrongful termination, breach of contract and that his constitutionally-protected rights of equal protection and due process were violated.

Howe is seeking unspecified enhanced monetary damages to make up for his lost pay, benefits and pension as well as future earnings, including all costs necessary to restore him to the position.

Howe and at least one other high-ranking officer were paid to clean and maintain the NPRA’s Kinsley Street building with $50 and $35 gift cards. The state attorney general’s investigation found no criminal wrongdoing, but the office forwarded the matter to the IRS for review of possible tax consequences for accepting gift card payments.

Kathryn Marchocki can be reached at 594-6589 or kmarchocki@nashuatelegraph.com. Also, follow Marchocki on Twitter (@Telegraph_KMar).