A U.S. Federal court judge dismissed a case filed last year against the Andover Police Department.
In his December complaint, Ryan Sullivan said his First, Second and Fourth Amendment, as well his civil rights, were violated when Andover police responded to a report of a domestic incident at his Topping Road home in November. The Town argued Sullivan “was never subjected to constitutional deprivation” in its January motion to dismiss.
“The officers acted within their discretion and pursuant to the lawful performance of their duties when they responded to a report of verbal domestic violence,” the Town said in its response, “and advised the Plaintiff and his wife of their rights under Massachusetts abuse prevention law.”
Judge Patti B. Saris accepted the Town’s motion to dismiss the lawsuit filed against the police department and other Town officials on Thursday.
Sullivan’s wife, Kelley Sullivan, and Rose Gerrish, who helps watch the couple’s children, were also listed as plaintiffs on the original complaint. The plaintiffs were seeking $45 million and a “full property tax exemption.” They also wanted the court to order the Town to “abolish all diversity, equity, and inclusion policies that allow unqualified individuals to risk the lives of the people and police officers in Andover.”
The Sullivans argued about paying utility bills by text message on Nov. 2, and Ryan Sullivan’s “overly protected [sic]” mother-in-law called police, according to the original complaint. As two patrol cars went to the house, a dispatcher, who was also named as a defendant, told responding officers that Ryan Sullivan was preventing his wife from filing a restraining order –a claim Ryan Sullivan denied in his complaint.
Kelley Sullivan’s mother let the officers into the house. Police filed a report with the Massachusetts Department of Children and Families and advised Kelley Sullivan about getting a retraining order, according to court documents. Ryan Sullivan, a veteran who served in Afghanistan, claimed police were trying to “weaponize” a restraining order to remove the couple’s two children from the home and seize his $25,000 gun collection.
The house was not searched, and no property was seized. The officers filed the DCF report after Kelley Sullivan told them her husband was being verbally abusive to their children.