By Greg Smith
The Day
MONTVILLE, Conn. 鈥� A volunteer at the Chesterfield Fire Company has filed a federal lawsuit against the town and the police officers who he claims abused their power by arresting him under false pretenses.
Steven Frischling, 48, of Niantic, a fire police captain and public information officer at the volunteer fire department, claims his 2021 arrest for taking photos at the scene of a motor vehicle accident and posting those photos on the was the act of a personal vendetta.
[PREVIOUSLY: Conn. fire company PIO arrested for photographs of crash scene]
The lawsuit names the town of Montville and police Lt. David Radford II, who applied for the arrest warrant and State Police Sgt. Albert Gosselin III, who approved the arrest warrant application.
Frischling鈥檚 March 9, 2021, arrest stemmed from a Feb. 7, 2021, post on the Chesterfield Fire Company PIO鈥檚 Facebook page that contained photos of a car accident and a summary of what had taken place. Frischling had blurred the image so as not to reveal any victims.
Montville police charged Frischling under what is known as Joshua鈥檚 Law, a law passed in 2011 that bars 鈥渦nauthorized taking or transmission by first responders of images of crime or accident victims.鈥� The law was inspired by a 2009 incident where a New London police officer shared photos of a heroin overdose victim.
The law makes an exemption for first responders who are taking and sharing photos 鈥渋n the performance of his or her duties,鈥� which is what Frischling had always claimed he was doing.
A longtime photographer, Frischling said his official duties at the department involve taking photos, promoting the fire department and informing the public.
Frischling alleges that Radford鈥檚 arrest warrant application contains 鈥渇alse statements, mischaracterizations, distortions and calculated omissions...鈥�
As an example, the suit claims Radford falsely characterized Frischling 鈥渁s one who merely identifies himself as the Chesterfield Fire Company PIO,鈥� when Frischling says he follows written directives at the department and wears firefighter gear with the letters PIO.
鈥淩adford knew Frischling was acting in the performance of his duties, yet chose to improperly orchestrate Frischling鈥檚 arrest and prosecution out of disdain for and dislike of Frischling,鈥� the suit alleges.
The criminal charges against Frischling in New London Superior Court were eventually dropped but Frischling said it was only after two years of court appearances and payments to an attorney.
The suit seeks an unspecified amount of money to cover attorney fees and damages.
鈥淔or two years of my life, no matter what I tried to do professionally, I kept failing background checks because of the pending charges,鈥� Frischling said.
鈥淭his was an overreach. This (lawsuit) is important to me so that this never happens again,鈥� Frischling said.
Chesterfield Fire Company Chief Keith Truex said he had informed Montville police officers of Frischling鈥檚 position with the department prior to his arrest to confirm he was acting within the scope of his duties 鈥渁nd they arrested him anyhow.鈥�
Truex said the public information officer performs community relations activities, delivers fire safety messages and 鈥渓ets the public know what we鈥檙e doing out there in an attempt to bring more individuals into the fire service.鈥�
Truex said he thought Frischling鈥檚 arrest was unwarranted and that the lawsuit makes a legitimate claim in that Frischling appeared to be singled out.
Frischling said he鈥檚 not exactly sure why there was such animus against him but notes in his suit that Radford had previously made a complaint against him.
In 2020, Frischling claims Radford complained to the town鈥檚 public safety commission about a post on the Chesterfield Fire Company PIO Facebook page promoting an annual holiday food drive and Montville police Fill-A-Cruiser initiative. The post contained a logo of a police patrol vehicle and a canine wearing a police hat.
No action was taken.
Frischling said he was also investigated, based on a complaint from former Montville Fire Marshal Bill Bundy , for illegal access to the state鈥檚 web-based emergency management information system used to document routine and emergency incidents. Frischling said he as certified and authorized to use the system and a criminal investigation was 鈥渜uickly dropped.鈥�
Radford and Montville Mayor Leonard 鈥淟enny鈥� Bunnell were not available to comment on the case.
Attorney Dennis M. Carnelli , who represents Frischling, said the lawsuit is in federal court because it is his position that Frischling鈥檚 constitutional rights were violated by the arrest. Carnelli said Frischling should never have been arrested and the suit seeks vindication for that arrest.
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