Family gets $600,000 in suit vs. Billerica police

Michelle and Brian Kennedy's troubles with the Billerica Police Department allegedly began in 1991, when an officer came to their trailer to answer a domestic dispute call. The officer, Frank MacKenzie , became obsessed with Michelle Kennedy, according to a complaint filed in federal court, following her in his cruiser while she jogged.

Soon, the complaint charged, he began to shower her with gifts, including flowers and a mini television set.

According to the lawsuit the Kennedys filed in November 2004, she spurned his advances, enraging MacKenzie and sparking a 15-year campaign of harassment by town officers against the couple and their three children. The Kennedys said they were trailed by cruisers as they drove through town, arrested on false charges, and even beaten by police, according to the lawsuit, which named dozens of officers, including the current and former police chiefs.

On Monday, a jury in US District Court in Boston found that two officers, including Daniel Rosa , now chief, had violated the children's civil rights. It rejected the family's statements that the department had conspired against the family. But the jury agreed that the town was negligent in supervising its officers and awarded the family $600,000.

"We're very happy with the verdict," said the lawyer for the Kennedys, Andrew Fischer . "The jury sent a message to the town. They need to look at the way their police department is running."

Leonard Kesten , who represented the police and town in the lawsuit, called the verdict a "head scratcher."

"Negligent supervision of the police department has to lead to the officers doing something bad," he said. "The jury rejected all [the Kennedys' ] central claims, except for two minor claims, which were nothing."

Billerica officials will probably appeal the verdict, said Town Manager Rocco J. Longo , who defended the police department.

"I'm disappointed with the verdict," he said. "I think we have a great police chief. He's a great manager, he's knowledgeable. I think we've got a great police department."

In their 26-page trial brief, the Kennedys accused police of beating Brian Kennedy in November 2001 and falsely accusing him of assault and battery in July 1997 .

Michelle Kennedy, now 39, said that in June 2002 , an officer pulled her over and when she refused to roll down her window all the way, allegedly reached into her car and twisted her finger, causing a fracture. The jury said the family did not prove either beating charge, but awarded Michelle Kennedy $50,000 anyway, saying the town was negligent. Brian Kennedy received nothing.

The three sons, who Fischer said are about 17, 15, and 12 years old, received the bulk of the award, with most going to Mitchell Kennedy, 15, who the jury found was arrested without probable cause in March 2004 for assault and battery on a police officer. He was later acquitted.

The jury awarded Mitchell $15,000 for that incident, saying his civil rights were violated. The jury awarded him an additional $235,000 for the town's alleged negligence. The jury also awarded the eldest son, Brian Kennedy Jr. , $10,000, saying that Rosa, then the town's juvenile officer, deliberately sought to inflict emotional distress on him when he charged the boy with throwing rocks at a trailer. The jury also awarded Kennedy $190,000 for the town's negligence and the youngest sibling, Dylan, $100,000.

Although the family had initially sought $10 million, Fischer said the award pleased the parents.

"It will allow them to give their kids a start and a future that they have been blocked from doing," he said.

The town's liability insurance would cover any damages, Selectman James F. O'Donnell Jr. said.

But Kesten said he expected the judge to throw out most of the award.

"They allege they were tortured, harassed," he said. "The jury rejected every single one of those claims. That's what the case was about. The case was not about the children."

Christine McConville of the Globe staff contributed to this report.