A jury in Detroit granted almost $60 million to a man who claimed that a former Michigan prosecutor and a police officer infringed on his rights by bringing sexual abuse charges against him, which the state attorney general eventually dismissed.
It is extremely rare for a prosecutor to be successfully sued for his or her actions because of broad immunity protections in law.
The jury stated that Brian Kolodziej and state police Lieutenant David Busacca acted “intentionally, deliberately or with reckless disregard for the truth” when they proceeded with charges against Sean MacMaster.
Sean MacMaster was awarded $33 million for lost wages, suffering, and harm to his reputation, along with an additional $25 million in punitive damages due to actions taken “with malice or in reckless disregard” of his rights.
MacMaster’s lawyer, Josh Blanchard, expressed to The Associated Press that “the truth has surfaced,” acknowledging the jury’s recognition of the torment inflicted by individuals wielding significant power.
Kolodziej, previously a Michigan assistant attorney general, faced a career downfall in 2019 upon revelations of an improper relationship with a woman involved in a sexual assault case he was managing. He accepted a charge of willful neglect of duty and gave up his law license, with allegations of document alterations also present.
Attorney General Dana Nessel at the time said she was “horrified” and “disgusted.”
The matter concerning MacMaster was a separate issue, yet connected. MacMaster’s attorneys argued that Kolodziej pursued charges against him to gain favor and proximity to a woman linked to MacMaster’s ex-wife amidst ongoing intense child custody disputes.
MacMaster was a high-ranking police officer for Duval County, Florida, schools in 2019 when he was charged in Michigan with sexually abusing a child — allegations he adamantly denied. Kolodziej, with Busacca’s help, pursued the case, although authorities in Oakland County had earlier investigated and found no merit.
MacMaster was in solitary confinement in jail for months before Nessel dropped the case against him and his stepfather, citing “serious violations of our prosecutorial standards.”
Outside the Detroit federal courtroom, MacMaster was in tears Tuesday as he relayed news of the jury’s verdict to friends by phone.
“The amount of money and destruction it’s caused my family — it’s been devastating,” MacMaster said, referring to the humiliation of being charged in 2019. “I no longer have a relationship with my daughter because of it. I’ve lost friends.”
The result of the trial, he added, gives “my reputation back to me a little bit by saying they did not have probable cause to arrest me. There were a lot of lies and everything out there.”
Kolodziej and Busacca declined to comment about the verdict. Kolodziej represented himself during the trial, telling jurors it was “embarrassing” to inform them that he was forced to resign as a state prosecutor six years ago.
“But it has absolutely nothing to do with the facts of this case supporting probable cause for an arrest warrant and a search warrant,” Kolodziej said in his opening remarks.
Busacca’s attorney told the jury that his actions were supervised by others and that he was a road patrol trooper on the midnight shift in 2019 while working with Kolodziej.
“David Busacca’s not going out on a limb here to help Brian Kolodziej get a girlfriend,” Audrey Forbush said.
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