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May 4, 2011 1:12 PMPublication: The Southampton Press

Former Supervisor Linda Kabot Files Suit Against Westhampton Beach

May 4, 2011 2:15 PM

Former Southampton Town Supervisor Linda Kabot has filed a notice of claim against Westhampton Beach, Village Police Chief Ray Dean and five officers with the village’s police department in connection with her 2009 arrest on a charge of driving while intoxicated. Ms. Kabot was acquitted of that charge following a jury trial in February.

In an interview on Wednesday, Ms. Kabot confirmed that, through her attorneys at the Miller Place law firm John Ray and Associates, she had filed a notice of claim Tuesday 
against the village and several officers in the Westhampton 
Beach Police Department. Village Clerk Rebecca Molinaro confirmed on Wednesday that the municipality had been served the day before.

The notice states that the individuals “engaged in malicious prosecution and infringement upon my rights,” Ms. Kabot said.

Though she did not name the officers or say if she would be seeking monetary damages, a copy of the notice lists Chief Dean, Lieutenant Trevor Gonce and Police Officers Steven McManus, Ryan Lucas, Mark Yakobowski and Jeffrey Platt as defendants. It also states that Ms. Kabot will seek “a sum of money to be determined” based on damages to her career and reputation, as well as emotional and physical damages. A notice of claim is a precursor to a lawsuit and sent to a municipality or a public authority when a person claims an agency, official, or employee caused the person damage.

Ms. Kabot said in a statement she released to The Press on Wednesday that it was the intent of the arresting officers—McManus and Lucas—to “injure her in her reputation and cause harm to her mind and body, her career as a public official and her career potential.” The statement added that she had “suffered economic losses from the incident, 
including legal costs for attorneys.”

Ms. Kabot, 43, of Quogue, lost her reelection bid in 2009 after she was arrested shortly after midnight on Labor Day that year in Westhampton Beach and charged with DWI and three other charges—driving while impaired, failure to maintain her lane of travel and failure to stop at a stop sign—after police said she refused to take a Breathalyzer test.

In an interview Wednesday, Westhampton Police Chief Raymond Dean said that he was aware of the notice of claim, and reiterated previous statements defending the officers involved in Ms. Kabot’s 2009 arrest.

“I can’t speak to what she is doing, but I stand by what I have told the press in the past,” he said. “My officers made a lawful arrest [in the case]. They did what they are supposed to do under that situation, and a jury did find a guilty verdict for the stop sign violation.”

Ms. Kabot was acquitted by a jury in Riverhead Town Justice Court on February 4 of the DWI, impaired driving and traffic lane charges; the jury found her guilty of only the stop sign violation.

A message for attorney William Keahon, who represented Ms. Kabot in the case, was left at his Hauppauge office on Wednesday. Mr. Ray, who runs the Miller Place law firm that is now representing Ms. Kabot, also could not be immediately reached for comment.

Village Board member Hank Tucker said he had received a copy of the notice but declined to discuss it, explaining he has not yet spoken with other village officials. He said board members will most likely discuss the litigation during their monthly meeting scheduled for Thursday, May 5, at 7 p.m.

“It’s too early to comment,” Mr. Tucker said. “I haven’t discussed it with any attorneys or the trustees yet, and I haven’t heard from anyone.”

Westhampton Beach Mayor Conrad Teller could not be immediately reached for comment.

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Go away Linda Kabot, we are sick of you and your whining.
By RealLocal (76), Bridgehampton on May 4, 11 2:16 PM
2 members liked this comment
Good Linda! Westhampton Beach deserves to pay up for screwing you!!
By Woohampton (35), Westhampton Beach on May 4, 11 2:22 PM
If she didn't want to get "screwed," and was not guilty, why not take the Breathalyzer?
By Alterius (19), Westhampton Beach on May 4, 11 2:52 PM
Well of course Kabot just wants to get a settlement and, more importantly, give the WHB police a black eye. Acquittal is not the same as being not guilty, folks. Is anyone else tired of our law enforcement personnel being constantly disrespected ? Think about the occasion when YOU might need to call upon them. For the most part, they are dedicated, hard-working men and women and we should lament all this "Monday morning quarterbacking" of their actions.
By JimmyKBond (156), Hampton Bays on May 9, 11 12:16 PM
2 members liked this comment
Right on, Jimmy K. Folks here like to equate acquittal with not guilty not because they believe in Kabot's innocence, but because they share the same political ideology.

Ever notice that the cop haters are the same whiners that b and moan about ALL public employees? These people can't stand that someone might be getting health benefits and a retirement plan when they're not!
By razza5351 (551), East Hampton on May 9, 11 1:17 PM
i'm glad. the charges were bogus.

i'm no fan of lk's but what is right is right.

the cops who drove linda cabot to the station drove worse than she did. it was on the tape.
By concerned east ender (49), Sag Harbor on May 4, 11 2:43 PM
Wheeeeee! Let the Fun begin. There will be dirt, fingernails, blood. None of them (including Schlinda) will come out of this clean! Have to wonder if the Taxpayer's money could be better spent.
By SisBoomBonacker (106), Hamptons on May 4, 11 2:56 PM
1 member liked this comment
Keep on going Linda...you'll get yourself indited. By the way...your Aunt still working on illegal housing.??? will this pay for your court fees???
By UNITED states CITIZEN (207), SOUTHAMPTON on May 4, 11 3:29 PM
This lawsuit will be a big win for Linda Kabot! The "we got her" local boy's club mentality may have had the power to change the course of an election but mindlessly they never thought out to its conclusion who and how many would pay the price in the end if they got caught and they did!. Tampering with an election - Wow! As it all unwinds it will be the biggest mess ever!
By maggie (16), East Quogue on May 4, 11 3:59 PM

The Village Board ought to cut their losses and settle with Linda Kabot who will win this suit based on the sordid behavior of the cops. Calling the Southampton Town PBA head Pat Aube (who has no business interfering with Village Police work) and saying "WE GOT HER!" with Southampton citizens knowing fully well the fatal hatred the PBA had for Kabot and Pat Aube's and Throne Holsts's Court exposed lies that Aube did not call ATH at around midnight to tell her of their victory, was stupid ...more
By Common Sense (56), Southampton on May 4, 11 4:03 PM
Common sense........Bullseye!

Best thing for all, especially the taxpayers, is to just PAY HER OFF TO GO AWAY. Just settle. Let's avoid the circus, the skeletons, the dirt that will certainly emerge out of the police 'ol boys network, and just cut & move on.
By SisBoomBonacker (106), Hamptons on May 4, 11 4:24 PM
1 member liked this comment
When Is The HBO Special? Politic's BS....If anyone deserves $$ it's the Cops who did thier job...If you want drunk drivers in your township driving around go move to another place....LK got a stop sign ticket and got off easy. She almost ran those poor people over in the crosswalk....Put your kids or family in that crosswalk and then let me know how your feel.....
Tired of the LK spotlight....Move on there's other news in the Hamptons
By 1640sWhaler (74), Sag Harbor/Easthampton on May 4, 11 5:05 PM
Have your prescription checked.

The pedestrians were jaywalking, without a doubt.

In fact, they were easily about 30 feet north of the crosswalk.
By Mr. Z (11670), North Sea on May 5, 11 5:19 PM
Go get'em Linda! They tarnished your political, public and professional career. Many people didn't vote for you because of this mess! I hope you crush them. Depose all of the retired cops - I am sure they will have a lot to say about the department and administration....
By BIGjimbo12 (201), East Quogue on May 4, 11 5:14 PM

This is the Village that has virtually no crime to police, with an out of control Police Dept where the Chief (who supervises a grand total of 6 cops), makes over $200,000, significantly more than Chief Ray Kelley of NYPD with supervision of 26,000 cops who who really deal with crime of every imaginable kind!

With so much time on their hands, the cops interfere and sabotage political contests, harass citizens with bogus traffic violations that easily get thrown out of court (the jury ...more
By Obbservant (446), southampton on May 4, 11 6:14 PM
Common Sense has it right-settle this asap. The End !!!!
By EastEnd68 (888), Westhampton on May 4, 11 6:15 PM
Linda Kabot is the only one responsible for her tarnished public name. She should be thanking god she got off when she was clearly drunk, but instead she wants to see how far she can push her luck. She and her ambulance chasing lawyer are a pathetic embarrassment.
By razza5351 (551), East Hampton on May 4, 11 7:11 PM
Yeah good thing she was found guilty of being "clearly drunk." Oh wait, wait one minute. She was not found guilty? Yikes. I guess "clearly drunk" isn't so clear. What else do you not know, Razza?
By double standard (1506), Remsenburg on May 4, 11 10:12 PM
You right wing loonies defend her because that is what you do, blindly defend your fellow wingnuts. Doesn't matter what they do. Look how you still cling to criminals like Dick Armey and Newt Gingrich. She was found not guilty because the police effed up, plain and simple, not because she was not drunk.

Another bit of hypocrisy from the far right is you are always moaning about what a litigious society we live in, yet you support this frivolous law suit because Kabot is some kind of ...more
By razza5351 (551), East Hampton on May 5, 11 8:01 AM
1 member liked this comment
No, I'm just pointing out that your "clearly drunk" comment was inaccurate and mean spirited. If you are ever accused of a crime I would imagine you'd expect fair treatment. If you were acquitted of a crime I would imagine you would be all too happy if people were posting inaccurate info about you on public message boards.
Hate Linda all you like... but don't make stuff up.

Who said I support her lawsuit? You are making that up too.
Who said I support Armey and Gingrich? You made ...more
By double standard (1506), Remsenburg on May 5, 11 8:14 AM
..and you support police corruption when the person wronged isn't from your side of the political spectrum.

Another America hating leftist traitor who screams "hypocrisy" while bathing in it.
By RealityFirst (597), Bridgehampton on May 5, 11 1:33 PM
Hey I got a parking ticket in the VIllage 2 years ago and won in court when the cop never showed up. maybe I can sue!

By littleplains (305), olde england on May 5, 11 11:11 AM
THE WHB POLICE FORCE SHOULD BE DISBANDED TOTALLY AND SAVE THE TAXPAYERS A FORTUNE !!
By oil heat best (5), east quogue on May 5, 11 12:00 PM
Even if the WHBPD were "disbanded," as you put it, they would be absorbed by the Southampton Town Police Department and all the officers from WHB would be employed in the same geographic area.
By 429shellback (5), Suffolk on May 5, 11 8:52 PM
everybody hates the cops until they need one... then they complain about being unsafe. hypocrites
By littleplains (305), olde england on May 6, 11 10:55 AM
exactly!
By 429shellback (5), Suffolk on May 8, 11 10:51 PM
Linda has every right to seek damages. This blog proves it.
By sunsetter (7), QUOGUE on May 5, 11 12:05 PM
I'd post a comment but the whole east end is so populated with self absorbed self important people that no one would recognize how ridiculous all parties look.The police of Westhampton Beach and I use that term loosely and the politicians are all a joke. Get rid of them all.
By maxwell (169), speonk on May 5, 11 12:48 PM
I am glad that I don't live in the Village of WHB. Defending this suit and the Eruv suit is going to be a big hit for taxpayers. They will also have to pay damages considerable damages in both cases.

I think it's about time that we take a closer look at what has gone on in WHB for the last decade or so. Who is connected to whom? Have certain groups received privileges, at the tax payer's expense, that they were not otherwise entitled to? Were building permits issued fairly, or did certain ...more
By Steven (113), Westhampton on May 5, 11 1:02 PM
could someone please explain to me the law about getting pulled over and not taking a breathalyser test. Can you refuse, and just get good lawyers to get you off?
By just breath (82), East Moriches on May 5, 11 1:35 PM
Here's my understanding: As I'm sure you've heard, driving is a privilege, not a right. As part of that privilege, you are required to take a breathalyzer test if you are suspected of driving drunk. If you refuse, you lose the privilege of driving by having your license suspended for a period of time (differs by state).

But blowing over the legal limit, or refusing to take the test, is only one piece of evidence in a DUI trial. Additionally, the "legal limit" blood alcohol level (I think ...more
By CoweeDewey (110), East Quogue on May 5, 11 2:42 PM
thank you, so I guess the question is was she drinking that night? But the real take away is DON'T DRINK AND DRIVE, and if you do, don't take a breathalyser unless you have a really good lawyer to get you off, then sue the pants off of the PD. One last question, who exactly pays for this "settlement" or lawsuit?
By just breath (82), East Moriches on May 5, 11 4:16 PM
If she wasn't intoxicated and simply took a breathalizer test that night this mess never would of occurred. Now she's off to sue, without realizing the people she will be hurting the most are tax paying residents who have nothing to do with this mess.
By YesYesBub (58), East Hampton on May 5, 11 2:37 PM
3 members liked this comment
A breathalizer test can be tampered with and manipulated; and if Linda was being targeted by the police, she was most likely afraid of this happening.
By Mrs.Sea (268), Sag Harbor on May 7, 11 12:18 PM
This comment has been removed because it is a duplicate, off-topic or contains inappropriate content.
By 27dan (2812), Southampton on May 5, 11 7:21 PM
Get a life, Dan. Seriously.
By progressnow (556), sag harbor on May 5, 11 7:24 PM
Would you expect any less from a pompous Reaganite?

I suppose not...
By Mr. Z (11670), North Sea on May 5, 11 7:40 PM
No more than anyone would expect from a pompous sexist like, Mr. Z. Why must you always see the worst in everything?
By fcmcmann (417), Hampton Bays on May 5, 11 8:02 PM
How now, brown cow. Calling the kettle black, are we?

BTW, brush up on your idiomatic etymology.
By Mr. Z (11670), North Sea on May 5, 11 8:16 PM
Linda lost my vote in this past election due to this drinking matter. Having had 2 family children die in auto related accidents I was really pulled as to whether she was in the right or in the wrong. She is an intelligent lady and a very nice person. I feel if she knows in her heart she was in the right than she should go for a lawsuit. Lets face it. only Linda knows. Most people who have grudges against the police are rooting for Linda.
clorac, East Quogue
By Carol (109), East Quogue on May 5, 11 7:29 PM
You know, I just noticed...HIGHHATSIZE hasn't made one comments on this issue. that certainly narrows the identity.....Just saying..........
By BIGjimbo12 (201), East Quogue on May 5, 11 10:04 PM
He's too cheep to pay for the paper so they limit him to just 2 responses a day.
By lifesaver (118), speonk on May 6, 11 9:57 AM
If they do decide to do away with the WHB Police Dept,.does it mean that those same officers will necessarily be absorbed in the Southampton P.D. ? Let's hope not ALL of them !!
By Bill in Riverhead (190), Riverhead on May 6, 11 8:39 AM
Yes those officers are civil servants and they would get jobs in any P.D. in Suffolk County that has openings before new people on the list.
By lifesaver (118), speonk on May 6, 11 10:03 AM
Let's see if I've got this straight... A car is followed for a fair amount of time, at night, while the officer makes phone calls to let others know who it is. During this tailing, this car slips over a double yellow line where no other traffic exists. Which one of you hasn't crossed over a double line at some point in your driving, day or night, for whatever reason. Then this car slides through a Stop Sign to make a turn, again at night with little or no traffic. Which one of you hasn't ...more
By Tennyson (77), Quogue on May 6, 11 12:19 PM
What video did you watch?! She was all over the road and could not follow one single direction given her. The officer said turn around and walk back towards the car, she walked BACKWARDS! The officer said count your footsteps, SHE COUNTED NOTHING! The officer said follow my finger but don't turn your head, she could NOT keep her head straight!

She was freaking smashed! Yeah, the cops acted stupidly, we all know that, and that is why Kabot got away with her crime.
By peoplefirst (787), Southampton on May 6, 11 12:26 PM
I'm sorry for enraging you. I guess you would be so calm that you would follow all the direction perfectly, even in high-heels. I except the fact that people can see things differently. Hopefully neither of us will ever be put in her position.
By Tennyson (77), Quogue on May 6, 11 12:35 PM
Don't mind People First... there are about 6 or 7 in the rabid hate group to which PF is lifetime member. They are an angry lot. I especially like the line "She was freakin smashed" because we all know that people on message boards that weren't actually involved know more than anyone else. They have their own court where they get to judge everyone else. Here's the inside info though; I think that PF, Razza, FCM, Philathome etc are motivated more by their political disagreements with Mrs Kabot than ...more
By double standard (1506), Remsenburg on May 6, 11 1:32 PM
1 member liked this comment

Double Standard: You are mostly right but forgot the members of the most rabid conspirators against Kabot - the most arrogant Town employees, the PBA cops who are the underlying source of of this stupid travesty as they desperately tried to unseat Kabot and install their lovely mascot Anna Throne Holst!

It is no surprise that those stupid WHB cops called Pat Aube, then PBA President to inform them of their trophy, a fraternal celebration that in their minds officially installed their ...more
By Obbservant (446), southampton on May 6, 11 4:01 PM
1 member liked this comment
Keept at 'em, people first! By the way, observant, you and your husband forgot about the rabid, right-wing fringe that simply cannot stand that Throne Holst beat Kabot. It drives you wingnuts mad! Just listen to the way you refer to Anna and then you turn around and accuse everyone else of being an "angry lot"? HAH! Freaking hilarious.

And double standard, let me congratulate you for never allowing your politics to shadow your opinion of say Anna or President Obama or Tim Bishop ...more
By razza5351 (551), East Hampton on May 7, 11 10:59 AM

"By the way, observant, you and your husband forgot about the rabid, right-wing fringe that simply cannot stand that Throne Holst beat Kabot. It drives you wingnuts mad! Just listen to the way you refer to Anna and then you turn around and accuse everyone else of being an "angry lot"? HAH! Freaking hilarious."

Ah Razza, wrong again as usual. You will never be able to show a quote of mine accusing anyone of being angry (lot). I am aware of the civic role of these blogs which are:

1)to ...more
By Obbservant (446), southampton on May 7, 11 1:37 PM
ATH, Bishop and Obama have nothing to do with this article.
You turned it into a political debate. I'd love to debate politics with you, but we'd be off topic. I'll sat this, your notion that I only dislike Dems is incorrect. I don't like inept politicians regardless of party.

You posts on this topic reveal a lot about you. I don't need to argue with you about it because your words have done the work for me.
Enjoy your day.
By double standard (1506), Remsenburg on May 8, 11 7:22 AM
My impersonation of double standard, "I don't need to argue with you . . .but I'll do it anyway. My dad can beat up your dad. I'm rubber, you're glue, nah, nah, nah!"

Have you just revealed yourself, double standard, as also having a double personality? My comment was to your alter-ego, observant, who DID mention ATH numerous times. Over and over and with seething hatred. Observant, did Anna try to steal your high school boyfriend? You two are a barrel of laughs. "Tag, you're it!"


By razza5351 (551), East Hampton on May 8, 11 3:08 PM
Let me help you out, Razza.
Here was what you wrote and what I replied to

"And double standard, let me congratulate you for never allowing your politics to shadow your opinion of say Anna or President Obama or Tim Bishop or on and on and on. . . We all strive to reach your level of even-handed, unclouded thinking. Delusional."

To the rest of your post, well, when you don't have an argument deflect, deflect, deflect.
As evidence by your posts on this subject, you do not ...more
By double standard (1506), Remsenburg on May 8, 11 6:27 PM
I don't know if Linda will win the suit. I suspect that both parties will agree to a damage award with a non-disclosure proviso. The video shows that Linda did commit an infraction by not coming to a full stop at the stop sign and this is all the probable cause that the cops needed to detain her.

However, her recorded treatment at the hands of the police after the stop and the damning four minute gap that the arresting officers deliberately caused in the video plus the monkey-business ...more
By highhatsize (4180), East Quogue on May 6, 11 12:20 PM
1 member liked this comment
Oh, shut up! You'd complain if the cops saved your life.
By peoplefirst (787), Southampton on May 6, 11 12:27 PM
1 member liked this comment
PF, you know she was acquitted right? Once you understand that inconvenient tidbit you can start to argue the merits of a lawsuit.
Sadly your higher levels of perception were not admissible in court.
By double standard (1506), Remsenburg on May 6, 11 1:37 PM
OJ Simpson was also acquitted because the defense was able to overshadow his guilt with talk of a police conspiracy. Sadly, your lower levels of perception do not allow you to see beyond your political ideology. If this had been Anna Throne Holst you'd be screaming for her head - and don't try to deny it, everyone who posts here knows that your screen name suits you perfectly.
By peoplefirst (787), Southampton on May 7, 11 10:49 AM
Because I'm a hard left liberal, I'll be the adjudicator of what is in your heart, and what you're "really" thinking.

As an expert in doublespeak and my own thinly veiled hatred towards anything or anyone that could be associated with “traditional” America, I know you’re hiding something ugly, just like I do.

Whenever my sense of moral or intellectual superiority needs a boost, I will actively seek out and identify those people who I deem to be racists, "haters", ...more
By RealityFirst (597), Bridgehampton on May 7, 11 12:24 PM
That would be incorrect again, PF. My life is no better and no worse w/ ATH at the helm. I'm looking at this suit based on facts. You are the one who is turning this into some kind of political debate. What you are attempting is a classic deflection because you have no argument here as the facts do not support your claims.

BTW - last election I believe I voted for 6 Repubs and 4 Dems. I'm an independent and select candidates based on ideas and/or job performance. Your claims about me are ...more
By double standard (1506), Remsenburg on May 8, 11 7:15 AM
1 member liked this comment
The Kabot trial illustrates the need to end the breathalyzer test and replace it with always-on, multi-directional video cameras inside and out of the police cars.

The breathalyzer is subject both to inaccuracy and manipulation. It is also violates the 1st, 4th, 5th, and 6th Amendments. It was implemented, despite these violations, because it was the only way that the state could secure convictions for drunk driving, a good lawyer being able to raise reasonable doubt as to the defendant's ...more
By highhatsize (4180), East Quogue on May 7, 11 11:47 AM
As always Highhatsize, spot on. Keep up the good work. The misfits are ruining this town. Vote, Vote, Vote.
By Johnny Nova (83), Northampton on May 8, 11 8:47 AM
In order for the breathalyzer to be subject to inaccuracy and manipulation, one first has to agree to actually take it. Kabot did not. The video evidence was clear, she was drunk. She was acquitted because the cops handled this terribly.
By razza5351 (551), East Hampton on May 8, 11 2:46 PM
"The video evidence was clear, she was drunk."

And another swing and a miss. I'm thinking this kid should try another approach.
By double standard (1506), Remsenburg on May 8, 11 6:29 PM
1 member liked this comment
And not a single lawyer in all of this country as swift as HHS to define what is wrong with the DWI arrest procedures. WOW!
Per chance HHS, any evidence of what you are claiming?
By But I'm a blank! (1283), Hampton Bays on May 11, 11 10:10 AM
SAD.... an embarrassment !!!
By frank84 (10), hampton bays on May 10, 11 9:50 PM
This comment has been removed because it is a duplicate, off-topic or contains inappropriate content.
By deputysheriff (1), Speonk on May 13, 11 3:13 AM
I showed the video during in-service training to all the deputies. All agreed that the contributing factors of the stop were valid. The fact that the "audio" was terminated for a brief time to convey with the other officer to determine if there was enough RCTB(probable cause) is good judgment.
We had a COLONEL from the MARINE CORPS charged with a similar case under SIMILAR CERCOMSTACES. A FULL BIRD COLONEL !
In our chapter 20 laws, it states if you fail to give a breath test ...more
By deputysheriff (1), Speonk on May 13, 11 3:13 AM
to But I'm blank:

Google any of the relevant terms to assess the scope of the discussion.
On another forum whose name cannot be mentioned, a former Inspector of the NYS troopers stated that he attained that rank due to his numerous DWI busts.

to deputysheriff:

It's not just an audio gap, if you look at the clock on the video in the upper right side you will see it jump 4 minutes ahead while Ms. Kabot is spotlighted behind her car. The cops turned off the recorder, ...more
By highhatsize (4180), East Quogue on May 14, 11 11:39 AM
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