BOSTON — The Massachusetts Appeals Court has upheld a 2022 Hampshire County Superior Court ruling that found former Police Chief Robert Haigh Jr. and the Police Department racially discriminated against former Officer Patrick Buchanan.

In May 2022, a jury in Hampshire County Superior Court found that Buchanan, the department’s only Black officer at the time, was denied promotions on multiple occasions and unjustly disciplined due to “racial animus.” Buchanan was awarded more than $1 million, factoring in pay for lost wages, emotional distress, attorney fees, interest and other statutory costs.

Three Massachusetts Appeals Court judges heard oral arguments Dec. 4, 2024, after Haigh and the city challenged the ruling on the basis that the superior court judge allegedly treated the defense counsel with hostility in front of the jury, allowed the plaintiff to present irrelevant evidence, and excluded evidence related to conversations between then Police Lt. Todd Dodge, who now serves as chief, and Haigh during the trial.

Leonard Kesten, who represented Haigh and the city, argued at the appeals hearing that evidence the defense presented during the trial about former Police Sgt. Dan McCarthy hanging a Confederate flag in his garage was irrelevant to the case, even though Judge Mark Mason asked the jury to disregard the detail.

“We agree with the defendants that the flag was not relevant. Ultimately, the judge ruled that the flag should not have been admitted and gave a curative instruction to the jury,” the Massachusetts Appeals Court wrote in its decision. “Nonetheless, the defendants contended that the judge’s instruction to the jury to disregard such evidence was inadequate, and that such evidence amounted to a ‘bell that [could not] be unrung.’ We disagree.”

In response to Kesten’s argument that the judge’s “hostile and contentious treatment” of the defense counsel created an appearance of partiality and prejudiced the defendants, the court decided that the judge’s remarks to the defense were made to maintain order.

The court’s decision also referenced other examples of the judge admonishing the defense, noting that his remarks to counsel were “not improperly critical,” nor were they prejudicial.

“Such admonishment was appropriate to maintain decorum after defense counsel had said to the plaintiff Todd Dodge, ‘Don’t shake your head, Todd,’” the Massachusetts Appeals Court wrote. “This remark was consistent with the judge’s role of controlling the conduct of the trial.”

Another argument for a mistrial by the defense was that the judge erroneously withheld statements made between Dodge and Haigh during a compromise negotiation as evidence impeaching Dodge’s credibility as a witness.

“The defendants claim that the judge erred in excluding evidence of certain statements made during a private discussion between Dodge and Haigh during the trial. We disagree,” the court wrote. “Even if the judge abused his discretion in excluding them — neither of which questions we need decide — the error would not be grounds for a new trial because it would not be ‘inconsistent with substantial justice.’”

Buchanan was appointed as a provisional sergeant on Jan. 13, 2015, after he and several other Greenfield Police officers took a Civil Service promotional exam for the department’s two sergeant positions. Buchanan reportedly passed the exam with the highest score in the department.

However, days after Buchanan was promoted, he pulled over an 18-year-old driver, to whom he issued a warning rather than a ticket. Buchanan reportedly informed the driver that his traffic violations could have resulted in $185 in fines, and told the young man he should use some of that money “to buy something nice for his mother.”

Buchanan’s complaint alleges that McCarthy heard about the traffic stop and left a letter for Lt. Joseph Burge, who is now retired, noting he had no issue with Buchanan’s decision to issue a warning, until he learned this had been at least the fourth or fifth time the officer had handled a traffic stop this way.

McCarthy was then named as the complainant in a formal Greenfield Police Department internal affairs complaint brought against Buchanan. By the end of the month, Haigh notified Buchanan in writing that as a result of the investigation, he would be subject to a three-day unpaid suspension, demoted from his position as provisional sergeant and removed from his role as a field training officer. He was also instructed to participate in a conflict of interest training program.

Then in late 2020, Greenfield announced three openings for promotion to sergeant, in which 10 officers applied for the promotion. During this process, Haigh allegedly scored Buchanan so low to “ensure that Buchanan had an overall ranking of fifth and as such was not in contention” for the position, according to the lawsuit.

Attorney Timothy Ryan, who represented Buchanan, said in an interview Thursday that the defense has three weeks to file an appeal of the decision with the Supreme Judicial Court, which he said has discretion over whether it will hear the appeal.

“I am pleased that the appellate court has affirmed the jury verdict,” Ryan said. “Hopefully this brings this case to an end.”

Kesten, in an interview Thursday, said he and his client are “evaluating” whether to further appeal the case.

“Chief Haigh did not get a fair trial in either Superior Court or Appeals Court,” Kesten said, “and he is extremely disappointed.”

Anthony Cammalleri can be reached at acammalleri@recorder.com or 413-930-4429.