Michelle Allen-Gregory’s lawsuit against the Town of New Haven is a civil rights action filed February 3, 2025, in Oswego County Supreme Court, alleging false arrest, false imprisonment, malicious prosecution, abuse of process, negligent supervision, and violations of her First, Fourth, and Fourteenth Amendment rights after she was arrested at a November 2023 town board meeting and jailed overnight on misdemeanor charges that were later dismissed.1UniCourt. Michelle R Allen Gregory v. Town of New Haven et al The case is still open.
What Happened at the November 2023 Meeting
On the evening of November 21, 2023, Allen-Gregory attended a Town of New Haven board meeting. Town Supervisor Dan Barney directed Town Constable Herbert Hawker to remove her, telling him on body camera footage later reviewed by reporters, “She’s out. Take her out right now.”2Oswego County News Now. New Haven Switches Official Newspaper Over Complaints About Coverage Allen-Gregory and another attendee, Holly Bayle, refused to leave the town hall after the meeting, and Oswego County Sheriff’s deputies were called.
According to reporting based on the deputies’ body camera footage, the officers initially de-escalated the situation and persuaded both women to leave voluntarily. Barney then intervened and demanded that the deputies arrest Allen-Gregory for obstructing governmental administration. When Deputy Kaitlin Gregory asked for her identification and she refused, citing her Fourth Amendment rights, she was placed under arrest.3Oswego County News Now. Five Takeaways From Body Cam Video of New Haven Arrests
She was charged with three misdemeanors: third-degree criminal trespass, second-degree obstructing governmental administration, and disorderly conduct.4Oswego County News Now. Police Arrested Two Women After New Haven Board Meeting; Why Was One Jailed?
Why She Was Held Overnight
Bayle was released the same night with an appearance ticket. Allen-Gregory was held overnight in the county jail because Barney requested an order of protection against her.
The detention drew scrutiny because under New York’s bail reform statutes the misdemeanor charges are “non-qualifying offenses,” and defendants facing them are typically released on their own recognizance. Acting District Attorney Mark Moody said the law permits police to hold a defendant when an order of protection is requested, though a judge is not required to grant one.4Oswego County News Now. Police Arrested Two Women After New Haven Board Meeting; Why Was One Jailed? At Allen-Gregory’s arraignment the next day in Centralized Arraignment Part court, the judge denied Barney’s request, noting there was no harassment charge, and released her.5Oswego County News Now. Women Who Were Arrested in New Haven Sue Town, Others
How the Criminal Charges Ended
Allen-Gregory’s attorney, Syracuse-based Terry Hoffmann, obtained a change of venue moving the case from New Haven to the Town of Mexico Court, where it was heard by Justice Jon Moretti. Hoffmann then moved to dismiss under New York Criminal Procedure Law Section 30.30, which requires the prosecution to be ready for trial within 90 days on misdemeanor cases. Justice Moretti agreed and dismissed all charges against Allen-Gregory on August 13, 2024.6Oswego County News Now. Charges Against Second New Haven Trespassing Defendant Dismissed Bayle’s remaining trespass charge was dismissed on the same grounds on September 10, 2024.7Oswego County News Now. Long-Simmering New Haven Trespassing Case Might Be Dismissed Tonight Neither woman had a prior arrest record.
Who Is Being Sued and for What
Allen-Gregory’s civil complaint, filed February 3, 2025, in Oswego County Supreme Court, names:
- The Town of New Haven and its Town Board
- Town Supervisor Dan Barney, who ordered the removal and arrest and requested the order of protection
- Town Constable Herbert Hawker
- Town board member Mary Curcio
- Oswego County and Sheriff Don Hilton, in both individual and official capacities
- Deputies Aaron Fodera, Kaitlin Gregory, and Amanda Preto, individually and in their official capacities
The claims include false arrest, false imprisonment, malicious prosecution, and violations of her First Amendment right to free speech, Fourth Amendment protection against unreasonable search and seizure, and Fourteenth Amendment right to due process. The complaint also alleges abuse of process against Barney and Sheriff Hilton, and negligent supervision against Hilton for his deputies’ conduct during the arrest.5Oswego County News Now. Women Who Were Arrested in New Haven Sue Town, Others Allen-Gregory seeks unspecified punitive damages, citing mental anguish, anxiety, lost wages, and reputational harm.
Bayle filed her own, narrower suit naming only the Town of New Haven, the Town Board, and Barney.
Where the Case Stands
The Town of New Haven is represented by the Monroe County firm Rizzo and Rizzo. Defense counsel filed an initial answer on March 14, 2025, together with discovery demands, and other defendants filed answers through May 2025.1UniCourt. Michelle R Allen Gregory v. Town of New Haven et al
In January 2026, the New Haven Town Board passed a resolution, on advice of counsel, intended to protect town employees from the cost of defense and potential personal liability for actions taken within the scope of their public duties.5Oswego County News Now. Women Who Were Arrested in New Haven Sue Town, Others No trial date or settlement talks have been publicly reported.
A Separate Case in Indiana
Allen-Gregory was previously the named plaintiff in unrelated federal litigation in Indiana over municipal water disconnections, Allen-Gregory v. Town of Fortville, which settled in 2015; a follow-on suit was barred on res judicata grounds and affirmed by the Seventh Circuit in 2018.8US Court of Appeals for the Seventh Circuit. Allen-Gregory v. Town of Fortville, No. 17-2498 That matter is unconnected to the New Haven case.