A former defense attorney, now residing in Hastings, has filed a federal lawsuit against the Dakota County Attorney?s Office and the Burnsville police department for violating his constitutional rights. 62-year-old David J. Gherity filed the suit in federal court in St. Paul last week alleging unlawful arrest and confinement and violation of the ?protected liberty interest in his good name.? The suit also states the two agencies hid evidence, manipulated witness statements and kept Gherity in jail even though they knew he was innocent. The allegations stem from a February 2014 incident in which firefighters were called to the Burnsville condominium where Gherity lived with his then-girlfriend, Joan Isabella.
Firefighters found Isabella sitting at a table with burns on her head, face, neck and legs. Gherity was arrested and charged in April of 2014 in Dakota County District Court with first-degree assault and two counts of first-degree arson. He was held in jail from April 2 until May 30 of that year. The charges against Gherity were dropped on June 13. According to the suit, ?an intoxicated and medicated? Isabella accidentally started the fire when she fell asleep while smoking. On the day he was jailed, Gherity told police there was video evidence of him working the day of the fire at a St. Paul landscaping company. And though police were in possession of the time-stamped tape on April 7, the analysis for authentication by the Bureau of Criminal Apprehension was not completed until June 12, the day before charges were dropped. Joseph E. Flynn, an attorney representing the city of Burnsville, says, ?We find the claims to be completely unfounded, and we will be addressing the specific claims with the actual facts in court.? The suit seeks in excess of $75,000 in damages, plus court costs. (submitted photo)
