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This article was published 5 year(s) and 1 month(s) ago

Former Nahant resident sues police

Elyse Carmosino

August 16, 2020 by Elyse Carmosino

NAHANT — A former resident is suing Nahant Police after alleging the department conducted unauthorized surveillance of his property during a period of several weeks in 2015. 

Jerrold Kestenberg alleges that department members did not obtain a warrant before setting up an “undercover sting” operation of his home following what was, at the time, an ongoing dispute between Kestenberg and his next door neighbors.  

Kestenberg, who now lives in Middleton, also accused certain officers of developing what he calls an “inappropriately friendly” relationship with his former neighbor, which he believes ultimately impacted the way the dispute was handled.  

“The undercover surveillance of Kestenberg without a search warrant violated his reasonable expectation of privacy, and it constituted a violation of Kestenberg’s rights under the Fourth Amendment,” the lawsuit states. “Kestenberg, who is a law-abiding citizen, suffered humiliation, emotional distress, and mental anguish and suffering since discovering that his home was the subject of unlawful undercover surveillance by the Nahant Police.”

The lawsuit stated Kestenberg was made aware of the surveillance in 2019 after he requested certain documents — some of which included details regarding the operation — be provided to him by the Nahant Police.  

A statement from the Nahant Police denied any unauthorized surveillance took place, also noting that the issue initially stemmed from the dispute between Kestenberg and his next door neighbors. 

“The Town of Nahant has referred this matter to counsel,” it read. “This stems from a longstanding neighbor dispute, and the Town of Nahant and Nahant Police Department admit to no wrongdoing in responding to multiple requests for service over many years between the two parties. 

“The Town will mount a vigorous defense of the suit, which we believe is without merit.” 

 

  • Elyse Carmosino
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