DETROIT — A jury has awarded approximately $60 million to a man who accused a former Michigan prosecutor and a police officer of violating his civil rights by filing sexual abuse charges that were later dismissed by the state’s attorney general.
The case highlights the rarity of successful lawsuits against prosecutors due to legal protections often granted to them. However, jurors found that Brian Kolodziej, a former assistant attorney general, and state police Lieutenant David Busacca acted with “intentional, deliberate, or reckless disregard for the truth” in their pursuit of charges against Sean MacMaster.
The jury awarded MacMaster $33 million for lost wages, pain and suffering, and damage to his reputation, alongside an additional $25 million in punitive damages. Jurors indicated the defendants acted with “malice or in reckless disregard” of MacMaster’s rights in the case that accused him of sexually abusing a child.
Josh Blanchard, MacMaster’s attorney, expressed relief over the verdict, stating, “The truth has come out, and the jury saw the pain and suffering that he was put through at the hands of people with immense power.”
Kolodziej’s career had already unraveled by 2019 amidst revelations of an inappropriate romantic relationship with a woman involved in a sexual assault case under his jurisdiction. He later pleaded no contest to charges of willful neglect of duty and surrendered his law license. In addition to the relationship, evidence presented during that time indicated that he altered key documents.
At the time of Kolodziej’s misconduct, Attorney General Dana Nessel expressed her horror, describing the situation as “disgusting.” In a separate but related matter, MacMaster’s legal team argued that Kolodziej aggressively pursued charges against him as a means to impress the woman linked to MacMaster’s former wife, amidst a contentious child custody dispute.
In 2019, MacMaster, a high-ranking police official in Florida’s Duval County, faced accusations in Michigan for sexually abusing a child, which he vehemently denied. Prior investigations in Oakland County had previously found no substance to the allegations. Despite this, Kolodziej and Busacca moved forward with the case, leading to MacMaster spending months in solitary confinement before Attorney General Nessel dropped the charges, citing “serious violations” in prosecutorial standards.
After the verdict was delivered, a visibly emotional MacMaster shared the news with friends. Reflecting on the devastation caused by the false charges, he mentioned a deep loss: “I no longer have a relationship with my daughter because of it. I’ve lost friends.” He added that the jury’s decision restored some semblance of his reputation, asserting, “There were a lot of lies and everything out there.”
Kolodziej and Busacca did not comment on the jury’s decision. Kolodziej represented himself in court, acknowledging the embarrassment stemming from his past as a state prosecutor. He maintained that his resignation was irrelevant to the facts surrounding this case. Meanwhile, Busacca’s defense contended that his actions were under the supervision of higher authorities during the events in question.
The trial serves as a stark reminder of the complexities of prosecutorial power and accountability, raising significant questions about the protections intended for public officials in carrying out their duties.
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