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Father Brian Andrew Bushell, an Orthodox Christian monk, and several affiliated religious organizations have filed a federal lawsuit alleging the town of Marblehead and federal agents violated their constitutional rights through discriminatory permitting practices and a pre-dawn raid of a place of worship in 2022.
The verified complaint, filed Oct. 10 in U.S. District Court for the District of Massachusetts, lists Bushell, St. Paul’s Foundation, the Shrine of St. Nicholas the Wonderworker and Marblehead Brewing Co. LLC as plaintiffs. Defendants include the town of Marblehead, the Marblehead Municipal Light Department, several FBI and Department of Justice officials and the U.S. Department of Justice.
“I was made aware of a filing by Father Andrew against the Town and the FBI when it was emailed to me by the New York Post,” Town Administrator Thatcher Kezer told the Independent. “I have forwarded it to our legal counsel and await their guidance as to next steps.”
Meanwhile, Marblehead Light Commission Vice Chair Simon Frechette told the Independent that they were not prepared to comment on the lawsuit.
According to the 19-page complaint, the case centers on what plaintiffs describe as coordinated efforts to prevent them from establishing an Orthodox Christian shrine in Marblehead.
“This case involves the Town of Marblehead and the Federal Government’s coordinated efforts to prevent Plaintiff Father Andrew and the religious organizations under his oversight from engaging in protected religious activity within Marblehead’s borders,” the complaint states.
Alleged discrimination
The lawsuit alleges the town discriminated against the religious organizations in permitting decisions while granting similar applications to other faith groups. Plaintiffs claim town officials made false reports to federal law enforcement, leading to criminal charges that were later dismissed.
The complaint outlines several instances in which plaintiffs say the town treated them differently from other religious organizations. Court documents allege the building commissioner solicited other agencies to find reasons to deny a permit for the monastic brewery and the Marblehead Municipal Light Department repeatedly rejected electrical service designs from 2017 through 2024.
Plaintiffs allege the town granted Marblehead’s Roman Catholic parish, Our Lady Star of the Sea, a full food service license and tax exemption while renting space to a for-profit nursery school. By contrast, the documents allege St. Nicholas was denied permits to sell beer at church events without a commercial kitchen and faced obstacles obtaining tax-exempt status.
“Marblehead freely grants similarly situated religious organization’s regulatory applications with little issue and by a different procedure,” the complaint states.
The lawsuit also alleges town counsel filed motions in September 2023 and October 2025 to compel Bushell to reveal the names of Orthodox Christians who attend services or seek confession and spiritual direction.
Federal raid and dismissed charges
According to the complaint, armed federal agents raided properties at 12 Conant Road and 22 Endicott Ave. in Marblehead, which plaintiffs describe as part of their religious residences, on Oct. 13, 2022, at about 4:30 a.m. while Bushell was engaged in morning prayers. The lawsuit alleges agents handcuffed and arrested him during religious exercise and denied him access to his prayer rope and Bible while in custody.
Federal prosecutors later filed a criminal complaint alleging Bushell perpetrated fraud involving COVID-19 pandemic funds, according to the lawsuit. The complaint states all charges were dismissed “in the interests of justice” after prosecutors determined he was sincere in his religious beliefs.
“After coming to realize Plaintiff Father Andrew was sincere in his religious beliefs, that Father Andrew was a genuine Orthodox monk, and neither Father Andrew nor the religious organizations under his oversight were ‘frauds,’ the DOJ had no choice but to dismiss all charges against Defendants ‘in the interests of justice,’” the complaint states.
A Department of Justice spokesperson could not immediately be reached for comment.
Ongoing dispute with the town
The new lawsuit follows years of legal conflict between Father Andrew and Marblehead officials. In May 2025, U.S. District Court Judge Brian E. Murphy denied a request from Egypt House of Marblehead, an affiliated religious entity led by Bushell, to block a town-ordered property inspection.
The inspection order stemmed from a dispute over whether the Conant Road property qualified for a religious tax exemption. The property, purchased in June 2022, was described by Egypt House as a chapel, clergy residence and retreat center. The town’s Board of Assessors denied its exemption in 2022, and the Massachusetts Appellate Tax Board later authorized an inspection to verify its religious use.
In his ruling, Murphy wrote, “Because Plaintiff does not offer meaningful analysis on the claims that it advances in this Court, it has failed to carry its burden of establishing a likelihood of success on the merits.” The organization had sought a preliminary injunction to prevent assessors and tax officials from entering the property, arguing that such an inspection would desecrate consecrated religious space.
