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Town's Insurance Company Settles Marchand Case for $1.285 Million

The long-running civil case against the town of Hamilton by former Police Officer Michael Marchand has been settled.

The town of Hamilton has settled for $1.285 million.

The settlement was announced by the Hamilton Board of Selectmen on Monday night at 10:20 p.m. after coming out of an executive session following a regular Board of Selectmen meeting at .

It will be paid by the town's insurance company, Massachusetts Interlocal Insurance Agency. A complete copy of the release and settlement agreement is attached to this story as a PDF.

Marchand first sued the town of Hamilton in 2009 in U.S. District Court in Boston seeking damages for what he said were a series of unauthorized investigations and allegations against him that caused stress and anxiety after he alerted state officials that EMT certifications were being issued to officers who claimed credit for classes that were never held.

The case was amended by Marchand in 2010 and did not list the amount he was seeking. In a so-called demand letter he sent to the town, as required, before filing in the suit, he said he was seeking $5 million.

Marchand resigned from the in September 2010. At the time, he was on leave receiving injured on duty pay. He was a full-time Hamilton police officer for 13 years.

On Monday night, the Hamilton Board of Selectmen released the following statement.

"The Town of Hamilton was recently notified by MIIA (Massachusetts Interlocal Insurance Agency) that it and other insurance companies had reached a settlement with former Hamilton Police Officer Michael Marchand for an amount of $1,285,000.

After nearly three years of protracted discussions the parties agreed to the Release and Settlement of any and all claims related to the ongoing lawsuit against the Town of Hamilton and other defendants.

We note that the Settlement is in no way an expression of liability or fault and that all costs associated with the Settlement are attributed to the Insurance Companies and not the Town or other Defendants.  This agreement is final and closes the chapter on a very difficult time for all parties involved."

Check back to Hamilton-Wenham Patch for more coverage on Tuesday.

Jay Burnham April 24, 2012 at 10:41 AM
At last. Can the citizens of Hamilton now be allowed to view the Urbelis Report? That report is one of three paid for by our taxes regarding investigation of the issues from which the lawsuit arose. The other two have been made public, but the Urbelis Report was held confidential as part of legal defense strategy of the town. Now that a settlement has been reached and signed, the Urbelis Report must be made public and available for all to see. Some questions remain unanswered, and are more than likely to be revealed in the report. Now is the time for release of the Urbelis Report.
R. Allen April 26, 2012 at 12:29 PM
The remark that there is no guilt associated with the giving of Marchand nearly one and a half million dollars is a lie! The guilt from the beginning of this has been obvious to anyone who wanted to read the numerous reports done over the past 5 years. By all reports Marchand was a very good cop and family man, why go after him? The reports tell of investigations, retaliation and behavior against him that were outrageous and wrong for reasons that to this day are unclear to the average Hamiltonian but clearly wrong because it cost us over a million dollars! In my opinion these actions were caused in part by keeping poor examples of police officers and town officials employed by this town. It has shown the importance of town meetings and in your vote in order to monitor, prevent and terminate people like this from public office. These people have been allowed to be a part of our police and government and have managed to destroy a once good town. I feel betrayed by my town as many other do but I think my greatest upset is the lack of honesty since this mess has begun. The townspeople of Hamilton need to look closely at who we have working for us as it is unthinkable that several of the guilty are still in public service in the town even after a clear 1,285,000 dollar admission of guilt! The guilty need to be removed from their jobs or office and we need to demand new rules in Hamilton, transparent government and accountability!
Jay Burnham April 26, 2012 at 06:59 PM
PARTIAL PRESS RELEASE ON BEHALF OF MICHAEL MARCHAND: After five long, difficult years Michael Marchand is pleased to have resolved his legal claims against the Town of Hamilton, Former Police Chief Walter Cullen, Town Counsel Donna Brewer, and Officers Karen Wallace and Arthur Hatfield. To Mr. Marchand, five years has truly been a lifetime. In early 2007 Mr. Marchand was Hamilton’s top cop – a no-nonsense police officer who was well respected by his fellow officers and the citizens of Hamilton for whom he cared deeply. While Officer Marchand, on an annual basis, made more arrests than the rest of the Police Department combined, he also routinely performed the good deeds expected of a solid police officer such as conducting “wellness” checks on elderly residents in Hamilton to insure their safety and well being. He was beloved by the people he served and he loved his job – the only job he ever wanted to have. He was a rising star and received accolades for his work, including appointment to the position of Police Prosecutor. This man could unflinchingly withstand physical pain and unhesitatingly run to danger to protect those in need Mr. Marchand, however, had little capacity for withstanding betrayal by those he trusted most in the world – his superiors and fellow officers. The betrayal, treachery and deceit inflicted upon Mr. Marchand by the Defendants and others, some of whom remain in positions of authority in Hamilton, utterly destroyed him.
Adam Rich June 15, 2012 at 03:33 AM
Mike Marchand is a true hero. He not just kept the streets clean but he protected his own family like nobody else would that I know. He went to Mexico to find and return a kidnapped baby to her home! He was almost killed there! Hit, stabbed and bleeding he beat them all. The group of drug thugs picked the wrong guy to cross but they were trying to kill him and he took them all out and made it back to the USA! And for being that hero he gets home and recovers from his fight injuries and mentally struggled that he couldn't get the baby home and gets better just to find that the police he works with want to put him in jail or get him fired for maybe killing people who stole his brother's baby. Who cares about a bunch of Mexican thugs who go around kidnapping kids, not me. The guy was as solid as they come and his own brothers and sister cops try to destroy him because they want to get promoted faster so they use this to ruin his run at being the next police chief. This wasn't enough money for a man who did nothing wrong in 25 years as a cop serving us in Mass. We know he didn't do anything wrong because this place lost the law suit for over a million and he was made to be investigated by FBI and the AG office like 10 times. Would you go to Mexico to save a kidnapped kid if it meant risking your life to save this baby's life if you knew a dangerous drug gang had her? I just don't even know what I would do if it was my own baby, I guess I would call big Mike and beg his help.

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