A federal judge on Monday dismissed a lawsuit filed by two state troopers who said they were illegally forced to alter a report on the arrest last year of the daughter of a district court judge.
US District Court Judge George O’Toole ruled the alleged wrongful actions of top state police officials, even if proven, didn’t meet the standards for a federal claim.
The two troopers, Ryan Sceviour and Alli Rei, still have a similar civil suit pending in Suffolk Superior Court.
The troopers sued Richard McKeon, the former State Police colonel, and others last year, alleging the top state police officials ordered Sceviour to illegally alter the report of the October 2017 arrest of Alli Bibaud, whose father is a judge in Worcester County, to remove embarrassing statements she made to police. Sceviour was later disciplined by police commanders.
State Police officials have denied doing anything wrong.
In his ruling, O’Toole said the troopers’ claim failed on two fronts.
The allegations were not so outrageous to “shock the conscience,” and the troopers failed to show how their rights had been violated, O’Toole wrote.
The troopers’ lawyer, Lenny Kesten, said his clients will continue their “search for the truth.”
“The fact that the four top people (in the State Police) resigned because of this speaks to whether these actions were illegal,” Kesten said.
Kesten filed the state court suit last month. In it, he added Worcester County District Attorney Joseph Early, alleging that Early “ initiated and directed” the plan to have the remarks removed from the report.
Early’s lawyer, Thomas R. Kiley, said Early was just doing his job.
McKeon and three members of the command staff retired in the wake of the outcry over the altered report.
Sceviour arrested Bibaud, the 30-year old daughter of Dudley District Court Judge Timothy Bibaud, on Oct. 16, 2017, in Worcester for drunk driving and driving under the influence of drugs. Ali Rei, a State Police drug recognition expert, arrived at the scene to help with the arrest.
In their reports, Sceviour and Rei wrote that Bibaud admitted she had traded sex for heroin. She also said her father was a judge and would be furious about her arrest.
Two days later, Sceviour said, his supervisor called him in on his day off and said he was being reprimanded for “the negative and derogatory” comments in the arrest report. He was then told to remove the statements from the report.
Andrea Estes can be reached at email@example.com