By MEGHAN E. MURPHY
Times Herald-Record
December 27, 2007
MONTGOMERY — A woman suffering from multiple sclerosis is suing three Town of Montgomery police officers who gave her a sobriety test and arrested her in 2005, according to a case filed in U.S. District Court last week.
Peggy Farganis, 34, claims Officers Dennis Barnett, Kenneth Byrnes and Daniel Thorson violated her civil rights when they arrested her on child endangerment charges and pursued civil action against her, according to the claim.
Farganis was driving her son to the hospital after a fall when officers stopped her and questioned her sobriety. The woman claims her slightly slurred speech and disorientation is caused by her illness. Barnett gave Farganis a field sobriety test, which the claim says she failed because of stress heightening her symptoms.
Farganis was arrested and charged with endangering the welfare of a child. She was acquitted on Nov. 15, 2007, after a bench trial.
Former Village of Montgomery Officer-in-Charge Jack Byrnes was on the scene but is not named as a defendant in the suit. Farganis is asking for compensatory and punitive damages, lawyer's fees and other relief.
Montgomery police Chief Arnold "Butch" Amthor declined to comment on pending legislation. Lawyer Helen Ullrich, who represents the plaintiff, was unavailable for comment.
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