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Hartford Courant -

DUI Arrest Sparks Lawsuit

Posted on Mar 18 2009t

Avon - A 50-year-old resident is suing the town, police chief and three police officers involved in his April arrest on drunken driving charges despite tests by officers that showed he had no alcohol or drugs in his system.

In a four-count lawsuit filed in U.S. District Court Wednesday, Harvey B. Leibin says his rights were violated when he was wrongly charged with driving under the influence and failing to drive in the proper lane. The charges were later dismissed in Superior Court in Hartford.

Leibin alleges that, as a result of the arrest, he suffered emotional distress, loss of reputation and standing, economic harm and lost business because of damage to his reputation, and "shock to his entire system, some of which injuries are permanent in nature."

He is seeking compensatory and punitive damages.

"It appears the officer acted appropriately," Avon Police Chief Mark Rinaldo said in response to the lawsuit. "I read the report, and it appeared to me there was probable cause." The arrest occurred about 10 p.m. on April 13. An unidentified 911 caller reported driving behind an intoxicated driver in a dark sport utility vehicle, according to the lawsuit.

At the same time, Leibin was driving a 2007 Acura RDX on Route 44, and Officer Gary Cruz subsequently pulled him over.

Cruz smelled a slight odor of alcohol on Leibin, noted that his eyes appeared red and glassy, and ordered Leibin to get out of his SUV and to perform field sobriety tests, the suit states. As Leibin was getting out of his car, Cruz noted that Leibin appeared to have difficulty with his door.

Courant Staff Writer