NAHANT — Nahant Police Chief Robert Dwyer and former Nahant officer Timothy Furlong have motioned to dismiss a lawsuit filed by former resident Jerrold Kestenberg, stating that the complaint fails to state a claim upon which relief can be granted.
“There is no requirement for a search warrant for observations made from outside, nor does the plaintiff have a reasonable expectation of privacy when outside his home,” the motion to dismiss states. “The plaintiff does not have an expectation of privacy in items or places he exposes to the public, like a front yard.”
In the initial suit, filed in August, Kestenberg alleged that Furlong 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 Kestenberg’s next door neighbors.
Kestenberg, who now lives in Middleton, also accused certain officers of developing what he called 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 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.
However, a statement provided by the department in August denied that any unauthorized surveillance took place, also noting that the issue initially stemmed from the dispute between Kestenberg and his 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.”