Complaint and Demand for Jury

8/3/2019 Complaint and Demand for Jury

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CARROLLCOUNTY.SS

il"'a a r""r, ,,1455US Route3ozPO Box447Bartlett,NHo38rzPlaintiff

Town of Bartlett56 Town Hall RoadBartlett, NHo38rz,andTimothy ConnifeyBartlett PoliceChiefRRr Box 49 Town Hall RoadIntervale,NHo3845,andAnnette LibbyBartlett RecreationalDirectorr5 MeadowsDriveMadison, NH%B49Defendants

THE STATEOF NEW HAMPSHIRE

CaseNo.:

SUPERIOROURTDecember T,zort

COMPI"A.INTAND DEMAND FORA IURY TRIALNOW COMES, dwardC Furlong, roceedingn his Pro Secapacity, nd or this

Complaint gainstDefendants, lleges nd states s ollows:


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Plaintiff hereby files his claim for Defamation Per Seagainst the Town of Bartlett,Timothy Connifey and Annette Libby and his claim for FalseArrest against the Town ofBartlettand Timothv Connifev.

PARTIESr. Plaintiff Edward CharlesFurlong, III is a residentof the Stateof New Hampshire

and a citizen of the United Statesof America. Plaintiff Edward Furlong residesat1455US Route3oz, Bartlett, New Hampshireo38rzand may be servedpleadingsatthat addressor by mail serviceaddressed o Edward Furlong PO Box 447,Bartlett,NH o38rz.

2. DefendantTown of Bartlett receivesmail and may be servedpleadingsat 56 TownHall Road,Bartlett, New Hampshire o38n.

3. DefendantTimothy Connifey s the Chief of Police or the Town of Bartlett and canreceivemail and be servedpleadingsat the Bartlett PoliceStation ocatedat RRrBox49 Town Hall Road, ntervale,New Hampshire %84...

4. DefendantAnnette Libby is the RecreationalDirector for the Town of Bartlettandresidesat 15MeadowsDrive, Madison,New Hampshire %84g where she mayreceivepleadingsby serviceor mail.

JURISDICTION AND VENUE5. Personalurisdiction is proper over DefendantTown of Bartlett because t is a

town in the State of New Hampshire


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7.

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Personalurisdiction is proper over DefendantTimothy Connifey becauseheresides n the Stateof New Hampshireand works for the Town of Bartlett, ocatedin the Stateof New HampshirePersonalurisdiction is proper over DefendantAnnette Libby because he residesin the Stateof New Hampshire and works for the Town of Bartlett, ocated n theStateof New Hampshire.Venue s proper in this Court becauseDefendantsTown of Bartlett, TimothyConnifeyand Annette Libby work and reside n Carroll County, Stateof NewHampshireand Plaintiffs causeof action for defamation and falsearrest arose nCarroll County.

STATEMENT OF FACTSPlaintiff Edward C Furlong was a homelessalcoholic from1976until 1996.Plaintiff Edward C Furlong got cleanand sober n 1996and moved to 1455USRoute 3ozin Bartlett, New Hampshire.Plaintiff Edward C Furlong has worked from 1996until the present o maintaingood standing n his community as a businessman nd as a taxpaying citizen in thetown of Bartlett, New Hampshire.Plaintiff Edward C Furlong star ted renting snowmobiles o the public in the winterof ry97-t998 from his property at451; US Route 3ozin Bartlett, New Hampshireand incorporatedLil'Man Snowmobile Rentals n 1998.Plaintiff Edward C Furlong operatesa lodging business,Abenaki Inn & Cabins,LLC, from his property at455 US Route3oz n Bartlett,New Hampshire.

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r4 . DefendantTimothy Connifey becameDefendantTown of Bartlett'sChief of Policein the end ofJanuary n 2ooz.

r5. Bartlett PoliceChief, DefendantTimothy Connifey,visited Plaintiff Edward CFurlong at his home located at 455 US Route3oz n Bartlett, New Hampshire n oraround the spring of zoo3 o questionMr . Furlong about his arrest record n theStateof Florida.

16.Bartlett PoliceChief, Defendant Timothy Connifey,pulled Plaintiff Edward CFurlong out of the voting line for the presidentialelectionsof zoo4, accusingMr .Furlong of having a warrant out for his arrest n front of all the other Bartlettresidentswaiting to vote.

r7. DefendantAnnette Libby was hired by DefendantTown of Bartlett to be theBartlett RecreationalDirector sometime prior to the summer of zoo8.

r8 . Sometimeafter being hired as he Bartlett RecreationalDirector, DefendantAnnette Libby beganwork on Black Fly Ball Field, ocatedon the Bartlett WaterPrecinctproperty located o the eastof Plaintiff EdwardC Furlong'sproperry.

19 . DefendantAnnette Libby spiedon Plaintiff Edward C Furlong'sproperty and thework being done on his property.

zo .DefendantAnnette Libby and her husbandsneakedaround in the woods behindPlaintiff Edward C Furlong'sproperty and took picturesof renovationsbeing doneto a cabin on Mr. Furlong'sproperty in an attempt to cite Mr . Furlong for buildingcode violations.


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2r. There is a roadway between Plaintiff Edward C Furlong'spropeffy located at 455US Route 3oz in Bartlett, New Hampshire and the Bartlett Water Precinct landlocated o the east of Mr. Furlong'sproperty that leads o the White MountainNational Forest.

zz. Plaintiff Edward C Furlong'sproperty located at455 US Route3oz n Bartlett, NewHampshire has been n the hospitalitybusiness or at least r33yearsand itsowners. staff and customers have accessedhe forest floor via the roadwavbetweenhis property and the BartlettWater Precinctproperry.

23. Plaintiff Edward C Furlong'sbusinesses, il'Man Snowmobile Rentals, nc. andAbenaki Inn & Cabins,have used his roadway or its staff, ts customersand thepublic to access he New Hampshire Bureauof Trail's snowmobile and hiking trailssystemsince1997.The public and other snowmobile rental businesses aveusedthis roadway o accesshe snowmobile rails since at least 1988.The public andpatronsof the lodging businessesocatedat 1455US Route 3ozin Bartlett, NewHampshirehaveused his roadway o access he hiking trails since at least1876.

24.A Complaint for a ClassB Misdemeanorwas filed against Plaintiff Edward CFurlong for Criminal Trespass, iolation of NH RSA635:2,by Defendant TimothyConnifeyon January23,2oog for driving hi s Sno-Coachon the public roadwayeastof his property.

25 .The Bartlett RecreationalDepartment has baseballgamesand allowsother townsto have baseballgameson Black Fly Ball Field located on Bartlett Water Precinctproperty directly to the eastof the public roadway and Plaintiff Edward C


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Furlong'sproperty and has neverprovided the players,coaches, amiliesand fanswith any sort of restroom facilities.

26. During the times that the Bartlett RecreationalDepartment hasbaseballgamesonBlack Fly Ball Field, located on Bartlett Water Precinct property directly to the eastof the public roadwayand Plaintiff EdwardC Furlong'sproperty, the public drove,parked,satand urinated on the public roadwaybetween he Bartlett WaterPrecinct and and Mr. Furlong's and.

27. Plaintiff Edward C Furlong routinely documented he fact that there were nosanitary estroom facilitiesprovided by the Town of Bartlett or the BartlettRecreationalDepartment using his video camerabecause he public used Mr .Furlong'swooded acreage o urinate and defecateon.

28.On Juner5, zorr Plaintiff Edward C Furlongwas recordingthe eventsat Black FlyBall Fieldwith his video camera.Mr . Furlong recordedcarsparking on the publicroadwayeastof his property, carsparking on US Route3oz and carsparking onMr . Furlong'sproperty. Mr. Furlong recorded ansat the ballgameholding up ablanket for p rivacy as other peoplewent to the bathroom near the wood fenceseparatingMr. Furlong'sproperty from the public roadway.

29 . On June16,2or1an old Ford pickup truck with its licenseplatescoveredwithplastic bagswas seenon Plaintiff Edward C Furlong's property.

3o. Plaintiff Edward C Furlong chased his truck and made numerous phone calls o9tr.


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3r, Plaintiff Edward C Furlong pulled into Grant's Supermarket parking lot inIntervale,New Hampshire and the d river of the Ford truck entered he parking lotbehind Mr. Furlong. The driver of the truck go t out of his truck and cameafter Mr .Furlong n a physicallyaggressivemanner, screamingand cursing that Mr . Furlongwasa pedophile and that he wasgoing to kill Mr. Furlong.

32. On Junezz , zou Plaintiff Edward C Furlongwas recording the eventsat Black FlyBall Field with his video camera.Mr. Furlong recordedBartlett PoliceOfficer EdConleystop in his cruiser and speakwith DefendantAnnette Libby on US Route3oz.Ed Conley hen drove to where Plaintiff Edward C Furlong was standing withhis video cameraand yelled at him not to "talk to the kids".

33.DefendantAnnette Libby told Bartlett police officer Ed Conley that PlaintiffEdwardC Furlong was a pedophile and that he was aking pictures of children atBlackFly Ball Field.

34.DefendantAnnette Libby told at least hree $) other people ha t Plaintiff EdwardC Furlongwas a pedophile and wasusing hi s video and still cameras o takepicturesof children at Black Fly Ball Field. Two (z) of thesepeople called heBartlett PoliceDepartment and one (r ) went to Plaintiff Edward C Furlong'shometo causehim harm on June 16,zol.

35 .On April 26, zol Erin Myatt, girlfriend to Plaintiff Edward C Furlong,had a courtdate in Carroll County for a driving infraction and Bartlett Police Chief, DefendantTimothy Connifey,was the prosecutor n the case.


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36. On April 26, zott Defendant Timothy Connifey asked Erin Myatt where PlaintiffEdwardC Furlong got his discretionary ncome.

3T.OnApril 26, zol Defendant Timothy Conn ifeyaskedErin Myatt if Plaintiff EdwardC Furlong was nvolved in a pyramid scheme n the state of Florida.

38. On April 26, zorl Defendant Timothy Connift told Erin Myatt that Plaintiff EdwardC Furlong was nvolved in a pyramid scheme n the state of Florida,he justcouldn't prove t.

39. On April 26, zon Defendant Timothy Connifey told Erin Myatt that PlaintiffEdwardC Furlong was easier o deal with when he had a young woman aroundand there had been a string of young women around Mr. Furlong before shemoved to hi s property.COUNT r - Against Town of Bartlett, Timothy Connifey and Annette Libby

DEFAMATION4c. Plaintiff repeatsand re-alleges aragraphs -37,as f set forth fully herein.4r. Defendant Timothy Connifey and Defendant Annette Libby are employed by

DefendantTown of Bartlett.42 .New Hampshire R.S.A.$ 644:rrdefinescommitting defamationas, "purposely

communicat[ing] to any person,orally or in wri ting, any information which heknows to be falseand knows will tend to exposeany other living person o publichatred,contempt or ridicule".

43. Defendant Timothy Connifey made the following untrue statements regardingPlaintiff Edward C Furlong:a. There was a warrant out for Mr. Furlong'sarrest; and


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b. Mr. Furlong was engaging n criminal activity, being involved in a pyramidscheme n the state of Flo rida.

44.As a direct and proximate result of DefendantTimothy Connifeymaking theseuntrue statements, Plaintiff Edward C Furlong has suffered substantial damages ohis reputation as a good,upstandingbusinessman nd citizen of Bartlett, NewHampshire.

45.As a direct and proximate result of DefendantTimothy Connifey making theseuntrue statements,Plaintiff EdwardC Furlong has been subjected o hatred,contempt and ridicule within his community and his personal ife.

46 .DefendantAnnette Libby made the following untrue statements egarding PlaintiffEdwardC Furlong:a. Mr. Furlong was at Black Fly Ball Field aking picturesand videos of children;

andb. Mr. Furlong s a pedophile.

+2.As a direct and proximate result of DefendantAnnette Libby making theseuntruestatements, Plaintiff Edward C Furlong has suffered substantial damages o hisreputation as a good,upstanding businessman nd citizen of Bartlett, NewHampshire.

48.As a direct and proximate result of Defendant Annette Libby making these untruestatements,Plaintiff Edward C Furlong has been subjected o hatred, contemptand ridicule within his community and personal ife.


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Count z - Against Town of Bartlett and Timothy ConnifeyFalse Arrest49. Plaintiff repeatsand re-alleges aragraphs -37,as f se t forth fully herein.5o .DefendantTimothy Connifey s employedby DefendantTown of Bartlett.5r . The Complaint againstPlaintiff EdwardC Furlong by DefendantTimothy

Connifeywas issuedmaliciouslyand without probable cause.52 .Plaintiff Edward C Furlong (or a member of his staff) drove his Sno-Coachon the

public roadway o the eastof his property only and did not drive on the Bartlett

Water Precinctproperry known as BlackFl y Ball Field.53. DefendantTimothy Connifey old Plaintiff Edward C Furlong if Mr. Furlong d.id

not pleadguilry to the Criminal Trespass harge,Mr . Furlong would go to jail.54 .Plaintiff Edward C Furlong askedDefendantTimothy Connifey f Mr. Furlong

could enter a guilty plea under the Alfred Doctrine. Defendant Timothy Connifeytold Plaintiff Edward C Furlong that he could not pleadguilty under the AlfredDoctrine.

55.Plaintiff Edward C Furlong pled guilry to the Complaint of Criminal Trespassbecause e was scared hat DefendantTimothy Connifeywas going to placehim iniai l .

56. DefendantTimothy ConnifeyusedPlaintiff Edward C Furlong'spastasa homelessalcoholicwith a long rap sheet o coerceMr. Furlong into entering a guilty plea othe charge of cr iminal trespass.

57.Defendant Timothy Connifey knew or should have known that the roadway was apublic right of way and Plaintiff Edward C Furlong could not be arrested or

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trespassing n a right of way belonging o his property and the generalpublicunder current prescriptiveeasement aw.

WHEREFORE,Plaintiff respectfullydemands udgment against he Defendants, ointlyand severally,as follows:

a. Compensatorydamages n an amount within the jurisdictional limits of this Courtand to be determined by the jury trying this action;

b. Punitivedamages o the fullest extent permitted by the laws of the Stateof NewHampshire;

c. All attorneys' eesand costs ncurred by the Plaintiff in connection withprosecuting his action; and

d. Such other and further relief as his Court deems ust and proper.

Respectfuly Submitted,

Dated:December . zorz , ProSeEdward C Furlong, III1455US Route3ozP.O. Box447Bartlett,NH o38rz(6o:) 387.9or4ecfu longproadrunner.com

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Complaint and Demand for Jury

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