‘Wrong house’ trial begins today
by Tom Chillemi
A long-pending lawsuit brought by a Middlesex County woman, who alleges agents of a multi-jurisdictional drug task force mistakenly broke into her house trailer in Samos near Water View, is scheduled for a two-day jury trial on February 9-10 in Middlesex Circuit Court.
Estelle Newcomb originally filed her lawsuit in 2003 claiming that on October 26, 2001 drug agents mistakenly kicked in the door of her house trailer, which turned out to be the wrong house.
Newcomb was home at the time the alleged incident occurred with her 80-year old aunt, Marjorie Cuneo. She also alleges agents forced her to lie on the floor at gun point and they searched her home.
Court documents note the drug informant, who was cooperating with investigators, identified the wrong trailer.
The defendants include former Middlesex Sheriff Guy Abbott and drug agent M.E. Sampson, who still works with the Middlesex Sheriff’s Office. Also named as defendants are deputy drug agents Terry Davidson, John Mattis, E.G. Motley and Matt Watson, who was a Middlesex deputy at the time.
In April, 2010, a Middlesex Circuit Court sustained the defendants’ pleas of “sovereign immunity” and dismissed all counts of negligence. However, the order states, “The case shall proceed on the plaintiff’s claims of ‘gross’ negligence and willful and wanton conduct.” Wanton conduct is defined by the court papers as “action undertaken in conscious disregard of another’s rights or with reckless indifference to consequences.”
Newcomb’s case was moved to federal court on October 15, 2003. On October 27, 2003, her attorney amended the complaint, dismissed the federal claim, and the case was remanded to the Middlesex Circuit Court.
Newcomb amended her lawsuit on November 6, 2003.
On August 31, 2006, the circuit court struck it from the docket.
In July 2007 the court reinstated the original case with a new attorney.
Newcomb is seeking $1 million on each count and $350,000 in punitive damages.
