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Ex-Cop Gets $600K Settlement for 'Punishment Detail'

Payment includes $350,000 for 'physical injury and sickness' to a retired officer who claimed he suffered health problems due to assignment given by former Madison Police chief.

A retired Madison police officer who assigned in 2010 by the now-retired police chief has reached a $600,000 settlement with the borough, according to a copy of the agreement.

Officials have indicated that under Madison's legal insurance policy, the municipality is responsible for $50,000 of the settlement payments.

The total includes $350,000 for retired Officer Anthony Kaspereen's "physical injury and sickness," $200,000 for his attorney fees, costs and disbursements, and $50,000 for lost wages, according to a copy of the agreement provided Monday request filed last week. The copy of the agreement is attached to this article as a PDF.

The Borough of Madison and Police Chief John Trevena, who , were named as defendants in the case.

The agreement says the plaintiffs agreed to release federal anti-discrimination and civil rights laws claims, and loss of companionship claims by Kaspereen's wife, Jennifer.

Madison had claimed Kaspereen was overpaid by $34,980 at the time of his retirement, and released that claim.

The parties also agreed Kaspereen would not seek any other payments, or reinstatement to the Madison Police Department.

The lawsuit claimed the "punishment detail" involved patroling downtown Madison by foot for nine hours at a time in the summer heat, and that it caused him to suffer dehydration and post-traumatic stress disorder.

According to a transcript of a deposition given in the case, PBA President Anthony Maccario, a Madison police patrolman, said the chief's alleged orders for Kaspereen's assignment particularly that Kaspereen was not to respond to calls or receive assistance at a time when , which Maccario agreed with Kaspereen's attorney, Kevin E. Barber, was dangerous.

There is no admission of wrongdoing or liability, and the parties settled "solely for the purpose of amicably resolving any and all matters in controversy or dispute, and to avoid the further expenditure of attorneys fees and other costs that would result from continued and protracted litigation," the agreement says.

The parties agreed to keep the terms of settlement confidential, but acknowledged they might be a public record under state law. If contacted by media, Madison officials may say, "The case has been resolved," or, "the parties have not admitted to any liability or to any wrongdoing or to any violations of law or statute or rule or regulation, and that the basis for settlement is to avoid protracted litigation and attorneys fees."

Borough Administrator Ray Codey has said under its legal insurance policy Madison is responsible for $50,000 of the settlement payments, that is, 20 percent of payments up to the first $250,000. Madison also has a $20,000 deductible for legal defense fees.

Navy Mark August 08, 2012 at 02:33 AM
Excuse me mister patrick Franklin ... Our police force should be as tough as the marines are !!! They are suppose to protect the public !! So it should be a requirement of our police ! How can they protect and serve us if they have jelly bellies and out of shape... If you were in a situation that needed their assistance you would want them to be at the top of their game ... To help you in your worst situation ! We rely on the police to help in and all situations . It's a requirement of their job ... If not you would probably cry and try to sue them .... I'm so sick of this nanny state !!
Patrick Franklin August 08, 2012 at 10:45 AM
You sound like an unrealistic fool. Besides the troopers no cops are as tough and well trained as the Marines. I've never been in a situation in Madison where I needed a platoon of Marines to come to my rescue. Gimme a break, they're small town cops not a infantry platoon. It is clearly not a requirement of their job, so keep dreaming while the rest of us are dealing with reality.
dutchess August 08, 2012 at 02:23 PM
Navy Mark and Local Joe sound like very angry people. Not sure I would want them carrying a gun. Stop acting so macho! I don't think a police officer suffering from dehydration is going to be able to protect and serve. I'm sure even soldiers have suffered dehydration on occasion.
Steve Wells August 08, 2012 at 02:29 PM
This comment stream has become more than inappropriate. Patch should end it. No one who's commenting has ANY idea as to what the actual facts of the case might have been. We're ALL waiting to be educated on that one, although it's almost certain to be swept under the proverbial rug.
Local Joe August 08, 2012 at 02:44 PM
Nancy, I am not angry. My point is simply that I personally have suffered from dehydration on multiple occasions and it is not something you get PTSD from. Yes it may be unpleasant but if the guy is that emotionally fragile he shouldn't have been a police officer in the first place. He should have sued the department for wrongful employment, if for anything at all.
dutchess August 08, 2012 at 02:53 PM
Joe you are lucky you did not suffer any permanent damage from dehydration or you would not be treating it so lightly. Have you not heard of big strong football players dropping dead on the field from dehydration? Size and strength have nothing to do with it.
kcd August 08, 2012 at 04:12 PM
Wow! Where else can you have a job that doesn't fire you for poor performance and still get a pension on the taxpayers dime after costing them over half a million dollars for sheer arrogance and poor judgement? Madsion! Wake up people! These are our governing leaders that allow this to happen.
kcd August 08, 2012 at 04:22 PM
PS Let's not ignore the fact that Trevena is paid to "Serve and Protect" his community. He's lucky that Officer Kaspereen did not require back up that day for a resident,or business owner in town. Does that not bother anyone??? That's the real issue, He should have been fired, period!
dutchess August 08, 2012 at 04:25 PM
It does bother me! It is also intimidation of whistle blowers!
Robert McDowell August 09, 2012 at 03:18 PM
Interesting dialog! A Madison town policeman brought suit and won. The chief resigned. Isn't that enough to admit that something was wrong. Or maybe we should go into how evil unions are after 40 years of decimation. Or council-people asking if they are over compensated, long after unions who were over 30% of the workforce are now near 10% after all the support we have given them. The town is lucky with the insurance outcome .... and someone is naive enough to ask if the rates will increase. Ho hum, we continue to look at the fleas on the elephants back while the real issues continue to be ignored.
Johnny Boy August 09, 2012 at 10:41 PM
Local Joe and Navy Mark. By reading between the lines it seems that you both applied for police positions and failed to get hired. Both of you idiots have no idea what happened. I bet both of you would crap your pants if put into some situations our police go thru.
Johnny Boy August 09, 2012 at 10:54 PM
Why do you think the town settled the suit. They did not want to go to a jury trial. It would have cost the town alot more than the settlement payout. If a jury heard this case the payout would have been 7 figures. The N.Y. News stations would have jumped all over this story.
Sandman August 09, 2012 at 11:21 PM
Can everyone please get off the crap topic of dehydration! If anyone had actually read the previous articles you would know that this lawsuit and settlement was about much more -- like the Chief directing officers not to call this particular officer for back up and to call another town instead OR not to assist this officer if he needed assistance on a call. Imagine if you were the victim of a serious crime and needed help, or you or a loved one needed medical life or death attention...no one on here would be complaining about this lawsuit if someone had died due to the Chiefs ridiculous idiotic orders - if someone had died or had serious injuries then the lawsuit would've been in the millions of dollars. Be glad Trevena is no longer Chief - he put the lives of all residents at risk and had no regard for what effect his actions/orders could have.
dutchess August 10, 2012 at 02:20 AM
I agree Sandman! You don't leave a fellow officer out to dry.
Anonymous August 10, 2012 at 02:23 AM
Pray tell, Mr. McDowell, what are the "real" issues? I guess flushing over $100K down the toilet is mere pocket change to some, but not all taxpayers.
Patrick Franklin August 10, 2012 at 02:16 PM
Local Joe and Navy Mark are the only ones "whining" in this blog, although I wouldn't expect much better from a squid.
Anonymous August 10, 2012 at 02:30 PM
What's taking so long?? Praaaayyyy Teeeelllllll
Anonymous August 10, 2012 at 03:01 PM
Once again, the fake Anonymous has arrived. Very unoriginal, and as usual, nothing useful to add (and once again, trying flack for a feeble Dem). You can see the real and fake posts for each "Anonymous" here - Genuine Article - http://livingston.patch.com/users/anonymous-e58430ca Pathetic Imitation - http://madison.patch.com/users/anonymous-03f056e8 So back to Mr. McDowell - What are the REAL Issues??? As for your whining about the "Decimation of Unions" . . it might hold for private sector employees, but public sector unions have done fabulously, especially in the past decade and right through the recession. * How many Borough of Madison employees lot their jobs during the recession? * How many saw their salary and benefits reduced? * Compare that to the citizenry that pays their salaries. So what's their/your complaint????
Patrick Franklin August 10, 2012 at 03:14 PM
"Fake Anonymous", now that's hilarious. How could one be fake when neither have an identity?
Patrick Franklin August 10, 2012 at 03:16 PM
BTW, you and Mr. McDowell's argument has nothing to do with this article. The two of you should take your feud to a more relevant blog.
Anonymous August 10, 2012 at 05:44 PM
First, someone posting under a pseudonym shouldn't be commenting about the "names" others choose to use, and, I doubt you'd be thrilled if someone changed their name to match yours and started posting bogus comments in your "name." Second, who died and made you and Mr. Wells the boss of the Patch?? Lecturing others about what is, or isn't, an appropriate comment for a given article isn't your call. Third, still waiting for Mr. McDowell to check with the party leaders to see what his response should be. Tick-Tock.
Patrick Franklin August 10, 2012 at 06:18 PM
I'm not the boss here, but it's common blog courtesy to post on topics relevant to the blog. There are plenty of other articles for the 2 of you to continue your argument in.
Robert McDowell August 11, 2012 at 12:23 AM
Still pretty simple to me, he brought suit and won ..... Good the town had insurance.
Anonymous August 11, 2012 at 01:00 AM
Guess the old adage about nothing being complex to a simple mind holds true. And flushing $100K down the drain because of poor management and lax oversight isn't good.
Patrick Franklin August 11, 2012 at 02:50 PM
Lol, Anonymous sounds like the scorned ex lover of a Democrat. She attacks anytime a Dem posts here. Did your old Dem boyfriend dump you for a libertarian?? It's okay Anonymous, there are plenty of fish in the Republican sea.
Anonymous August 11, 2012 at 04:06 PM
Don't quit your day job, you'll never make it as a psychologist. Note - I would have added "LOL," but I'm not a teenage girl.
Patrick Franklin August 11, 2012 at 04:30 PM
Anonymous is probably short for overeaters anonymous. During the good ol Clinton era your ex was fine with dating an over weight lady. When Bush took office, seeing the country run into the ground and coming home to a tubby GF was too much to bear. So he fixed what was under his control and cut you loose. That's when you're hatred for the Dems started. There's got to be a Republican out there who's willing to take one for the team, overeaters need love too.
Anonymous August 11, 2012 at 04:44 PM
Another swing and a miss. Time to cross off "Comedian" from the list of career choices. "Armchair Historian" is also a no-go. Feel free to continue to flail away, however.
Robert McDowell August 11, 2012 at 06:14 PM
We could have saved the money if we had a more professional chief. Power corrupts.
Anonymous August 11, 2012 at 08:17 PM
Still waiting for you to elaborate on your provocative statement from earlier in the week, "we continue to look at the fleas on the elephants back while the real issues continue to be ignored." What are the "elephants"?

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