Harbormaster appealing dismissal of harassment lawsuit

Sep. 16—The Gloucester harbormaster will appeal a judge's decision to dismiss his harassment lawsuit against the city, former Mayor Sefatia Romeo Theken and several city employees, according to a court filing this week.

Thomas "T.J." Ciarametaro filed suit last year alleging that he was subjected to a hostile work environment, and that his First Amendment and civil rights were violated in the aftermath of a dispute over whether he should testify as an expert witness in a civil lawsuit.

The lawsuit named Romeo Theken, the city, former city solicitor Charles "Chip" Payson, former chief administration officer James Destino and human resources director Holly Dougwillo.

But the allegations — which included repeated vulgar tirades by Romeo Theken, threats to "destroy" Ciarametaro's reputation, shutting him out of key decisions involving his department, and restricting his ability to earn extra income both through paid details and as a consultant — won't be hashed out in court, after U.S. District Court Judge William Young granted motions by the city and Romeo Theken to dismiss the case last month.

The decision, typical of summary judgment motions, was based largely on procedural grounds.

Young found that the complaints of infliction of emotional distress through a hostile work environment must be dismissed because both the city and its employees have immunity under the Massachusetts Tort Claims Act.

Young dismissed the First Amendment claim under a 1978 Supreme Court decision that found that cities cannot be held responsible for unconstitutional acts by employees.

And he cited the language in the state's Civil Rights Act that a city or town cannot be sued and that by extension, the officials and Romeo Theken cannot be sued in their official capacity.

Ciarametaro also sued Romeo Theken and the three officials in their personal capacities.

However, Young concluded that the four were entitled to qualified immunity regarding the alleged violations of Ciarametaro's rights, and that he hadn't met his burden of showing that the conduct was "extreme and outrageous" or that he had suffered emotional distress severe enough that "no reasonable person could be expected to endure it."

Young's order was issued Aug. 11 following a hearing in late July.

The city and Romeo Theken had filed their motions for summary judgment last spring, arguing among other things that the case should be dismissed because, they argued, Ciarametaro did not suffer any "adverse" employment actions, such as termination or demotion.

Ciarametaro and his lawyer, Liam O'Connell, opposed the request, saying that as a result of the city's and mayor's actions he lost potential income from consulting and details, among other consequences.

The situation dates back to a lawsuit brought by a Gloucester attorney on behalf of the family of Dave "Heavy D" Sutherland, who drowned during an attempt to tow the Orin C in rough seas in 2015. The suit sought to hold the captain of another boat, the F/V Foxy Lady, which had gone to the assistance of the Orin C, liable for the death.

Ciarametaro, a Coast Guard veteran and reservist, also ran a consulting business and had agreed to be an expert witness for the plaintiffs in that case.

After Romeo Theken was alerted to Ciarametaro's work in the civil case, he alleged that he was pressured to drop out of the case by Destino, then received an irate voicemail from Romeo Theken calling him a "(expletive) fraud, liar," and a vulgarity, and asking "Who the (expletive) do you think you are?"

O'Connell filed notice of his appeal to the First Circuit Court of Appeals this week.

He did not immediately respond to a request for comment.

Courts reporter Julie Manganis can be reached at 978-338-2521, jmanganis@gloucestertimes.com or on Twitter at @SNJulieManganis

Courts reporter Julie Manganis can be reached at 978-338-2521, jmanganis@gloucestertimes.com or on Twitter at @SNJulieManganis