Justice S. Kirk Studstrup of the Maine Superior Court handed down his decision in the Fred Lewis, former Boothbay Region High School teacher, case this past Friday.

It was good news for Police Chief Steve Clark, but not so good for defendants Mark Keegan, former school superintendent; John Tourtillotte, Boothbay Harbor High School principal; and the Boothbay Harbor Community School District.

Justice Studstrup said in his decision, "The court concludes that Chief Clark has sustained his burden of proving the four factors necessary to find that he was exercising a discretionary function at the time of his communications to Principal Tourtillotte and is entitled to immunity under the statute."

This past July, a Lincoln County Superior Court jury reached its verdict in favor of Lewis, awarding him damages of $25,000 from Clark; a total of $50,000 from Keegan; a total of $50,000 from Tourtillotte; and $245,000 from the Boothbay Harbor Community School District.

Attorney Ed Benjamin, representing Clark at the trail, emphasized at that time the final decision from the Judge would take away the $25,000 in compensatory damages because of the immunity under state law provided to government officials.

Judge Studstrup did not waiver from the jury's decision on Keegan, Tourtillotte, or the school district.

Studstrup wrote in his decision, "Judgment for the plaintiff against the other defendants in the amounts set forth below, plus costs and interest:

"(a) Mark Keegan - $5,000 in damages plus $45,000 in punitive damages;

"(b) John Tourtillotte - $5,000 in damages plus $45,000 in punitive damages;

"(c) Boothbay Harbor Community School District - damages in the amount of $245,000."

Lewis had been an industrial arts teacher at Boothbay Region High School for 23 years. Because of allegations of sexual misconduct with a minor he was placed on administrative leave by school officials.

The police chief later learned the sexual misconduct allegations were against another person, not Lewis. According to a newspaper article in the Boothbay Register, Clark met with Keegan and Tourtillotte, and neglected to tell Lewis of Clark's investigation, clearing him of the sexual misconduct allegations. Therefore Lewis resigned his position on December 2001.

As a result of these events Lewis filed a complaint for defamation, intentional infliction of emotional distress, false light and tortuous interference with his contract. Lewis filed his claim in June of 2002.