Wayne resident files lawsuit against city, police, officials
The City of Wayne is facing another lawsuit alleging violations of the First, Fourth and Fourteenth Amendments.
The lawsuit, filed in federal court, alleges that the city and officials used a non-codified fire marshal policy as criminal law to repeatedly enter the Glenwood property of DeVincent A. McFarlin, Sr. and his wife, Luisa Maria Baez Burgos without warrants, criminally prosecute and jail him and limit his access to public buildings.
In the filing, McFarlin identifies himself as a medically retired Army veteran and an outspoken critic of the City of Wayne government — including the police and fire departments. He claims in his suit that city actions were in response to his public comments, criticism of public officials, his recording of government employees and his political activity. He claims in the court filings that all his actions are protected by the First Amendment.
His core allegations claim the use of an internal city fire policy against outdoor burning was misused as an established law and the basis for criminal charges and severe limits on his liberty, including a 90-day incarceration. He claims the city and the police and fire departments inflicted multiple criminal violations of his civil rights as retaliation for his criticism of Wayne officials.
The filing further cites missing police and fire reports, body-camera muting and discovery disputes as central to his case.
The issue was the enforcement of the Wayne Fire Marshal’s internal policy regarding outdoor fire pits as a criminal ordinance. McFarlin claims the misapplied policy was used to allow police and fire officials to enter his home, detain him and extinguish his outdoor fire pit. He alleges these actions, including criminal prosecution, were never, in fact, a law in the city and had no defined criminal penalties, no formal approval process and no defined standards for enforcement.
The complaint claims fire and police officers entered his property on four separate occasions last year without a warrant, consent or any emergency justification. McFarlin says that body camera footage shows officers searching for a valid ordinance to justify their actions. The lawsuit claims one officer asked, "How are we going to spin this?"
The complaint alleges the city used the criminal justice system and municipal power to retaliate against him for his criticism. He claims charges were brought based on that non-law policy, and even after those charges were dismissed, the city used bond and probation conditions to restrict his speech, movement, and access to government services.
McFarlin claims he was banned from municipal buildings without notice, restricted from discussing the case on social media, and tethered with GPS monitoring.
McFarlin claims previous warnings to the City of Wayne regarding violation of citizens’ civil rights were included in an independent study authorized by city officials. An ongoing lawsuit filed by resident Mark Blackwell, who was also an outspoken critic of offiicals, alleges some of the same civil rights violations.
McFarlin claims that city officials subsequently enacted a formal ordinance after the fact, which according to the court filing supports the claim that the earlier policy was not a valid law.
In addition to more than 90 days of incarceration, GPS tethering, home confinement, and exclusion from the city, the disabled veteran cites public stigmatization, reputational harm, emotional distress, family disruption, and financial burdens. His wife also suffered from the repeated intrusions and loss of privacy, according to the court filings. In addition, he claims he was faced with property tax disputes and the selective enforcement of municipal codes, adding to the economic pressure the couple faced in light of the criminal prosecution.
The plaintiff is seeking unspecified compensatory, punitive, and declaratory damages along with all costs and fees incurred in the pursuit of the lawsuit.
McFarlin was a recent candidate for a term on the Wayne City Council. The primary election last week narrowed the field from seven to six with McFarlin receiving the fewest votes.
