ACLU sues over police station filming arrest

The American Civil Liberties Union of Connecticut filed a lawsuit against Waterbury police employees Tuesday for arresting a man who was filming the police station from a sidewalk.

The ACLU filed the complaint against Waterbury police employees Matthew Benoit and Frank Laone. The ACLU alleges the two employees illegally detained and arrested Wallingford resident Keith Massimino while he was filming the exterior of the city’s police station.

The Waterbury Police Department declined to comment on the incident due to pending litigation.

In the lawsuit, Massimino alleges his First and Fourth Amendment rights were violated and is seeking to have the defendants repay his reasonable costs and fees. Massimino is demanding a jury trial.

“You have the freedom to film and the right to record,” said Dan Barrett, legal director of the American Civil Liberties Union of Connecticut. “Our ability to observe government buildings and public employees is key to democracy, and vital when it comes to controlling police.”

The complaint said Massimino, a professional videographer and photojournalist, was driving through Waterbury on his way home from a job when he encountered traffic on Interstate 84 in October 2018. He decided to film the outside of the Waterbury Police Department.

Using a video camera and tripod, Massimino recorded the building’s main entrance and started walking down the sidewalk to get various angles of the exterior, including the building’s garage.

After filming for more than 6 minutes, Massimino was approached by Benoit and Laone. Laone asked Massimino to explain why he was filming and Benoit asked Massimino to identify himself, the complaint read.

Massimino told the police department employees he was not required to identify himself while on public property and he was not doing anything illegal, according to the complaint.

The police employees said the filming was a security issue, and said Massimino was committing the criminal offense of “reasonable suspicion,” the complaint said.

Barrett said people have the right to capture any image that is in “plain view” if they are lawfully present in public spaces.

“That includes taking pictures and videos of government buildings, transportation facilities (including airports), and police officers,” Barrett said. “Anything you can see with your eyes in public is fair game.”

Benoit placed Massimino under arrest and Laone took his camera, as well the memory card, a tripod, his cellphone and a Swiss army pocket knife, according to the complaint.

Massimino was charged with misdemeanor interference. The complaint said Massimino was later released, but all his belongings were retained by the police department except for a pay stub that was in his pocket.

Massimino didn’t get his tripod, cellphone and camera back until March 2019, the complaint said. In the meantime, he had bought a replacement tripod and cellphone, the complaint read.

According to the complaint Massimino appeared at least a dozen times in court before his case was dismissed this year in May.

Massimino said the experience was “awful,” especially since he was potentially facing a year in prison for recording the outside of a public building.

“As a professional videographer, and someone who cares a lot about the freedom of speech and the right to know what the government is up to, I’m still stunned by what these people did to me,” Massimino said.