By Bridget Scrimenti
Lowell Sun
BOSTON — A former Littleton firefighter had no grounds to sue the town and his former boss under the federal Whistleblower law, a judge ruled.
After two days of testimony, U.S. District Court Judge Joseph Tauro late Tuesday refused to let Christopher Mailloux’s case proceed to a jury, and dismissed the suit. Tauro ruled that Mailloux did not prove that he was bypassed for a full-time job in 2004 because he refused to obey then-Fire Chief Alex McCurdy’s orders to spy on a co-worker.
Mailloux could not be reached for comment. His attorney, Paul Manoff, said his client is disappointed with the decision. Mailloux now has 30 days to file an appeal.
McCurdy, now a Littleton selectman, said he’s relieved but not surprised by Tauro’s decision.
“I’m not looking to say ‘I told you so,’ ” McCurdy said. “At this point, I want to be a selectman for the town of Littleton and do it well.”
However, former Selectman Ron Caruso, who testified at the trial, said Tauro’s ruling is “unfair to some degree.”
Caruso said, “McCurdy was ultimately the one who was responsible, but we (the town) should have shouldered some responsibility because he was our department head.”
Mailloux, a per-diem firefighter, sued the town and McCurdy for more than $100,000. He alleged that he moved his family from Yarmouth to Littleton after McCurdy promised him a full-time job, giving up on other opportunities. Mailloux said he did everything McCurdy asked, except for one thing.
He said McCurdy wanted him to dig up dirt on fellow firefighter Keith Dunn. He said McCurdy wanted grounds to fire Dunn, making McCurdy’s son, Steele, senior man in the department. Dunn’s sister, Brenda, is married to Steele McCurdy. Steele McCurdy declined to comment yesterday.
McCurdy admitted he asked Mailloux to document Dunn’s activities. But attorney Samuel Perkins, representing the town and McCurdy, said the chief wanted to document issues with a problem employee, Dunn.
Mailloux documented nothing.
Two full-time jobs opened in 2004. Mailloux received an interview with the Hiring Committee only after complaining. The committee recommended five candidates, but not Mailloux.
During the trial, Caruso and Paul Glavey, who lost his selectman seat to McCurdy, testified that they would have hired Mailloux if the chief recommended him, Perkins said. He noted that the selectmen were aware of the issues at the time and could have “reached out” and hired Mailloux if they wanted.
Manoff said the former selectmen’s testimony backfired, because the judge saw the town could have hired Mailloux if it wanted.
McCurdy resigned in 2004 under pressure from selectmen, who questioned his management of the department. McCurdy returned to Littleton as a per-diem firefighter, and Mailloux resigned within the month.
Caruso said Mailloux was an asset to the town.
“I really do feel bad in one sense because Chris did everything he was supposed to do for the town,” Caruso said. “He wasn’t given a fair shake, and was left empty-handed.”
Mailloux and his family now live in Sandwich, and he works as a paramedic with an ambulance service in Gardner.
Littleton Fire Chief Stephen Carter said he’s relieved the lawsuit is over.
“Anytime there’s any type of litigation, it generates turmoil within the department,” he said. “It’s unnecessary turmoil.”
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