HAMDEN Ct.— The town Thursday
disclosed it settled an excessive force lawsuit against the Police Department
last year for $55,000.
Mayor Scott Jackson called it a “business decision” to settle as opposed to taking the case to trial.
The suit had been filed by Stephen and Nicholas Alberino in U.S. District Court in 2008. While the case was settled early last year, town officials refused to release the amount involved until now.
The New Haven Register filed a complaint with the state Freedom of Information Commission last fall, arguing the public has a right to information about a settlement involving litigation against a municipality.
Mayor Scott Jackson called it a “business decision” to settle as opposed to taking the case to trial.
The suit had been filed by Stephen and Nicholas Alberino in U.S. District Court in 2008. While the case was settled early last year, town officials refused to release the amount involved until now.
The New Haven Register filed a complaint with the state Freedom of Information Commission last fall, arguing the public has a right to information about a settlement involving litigation against a municipality.
A hearing took place in Hartford in
February. The town Thursday finally revealed the amount, in exchange for the
Register withdrawing its complaint.
Attorney Scott Karsten, who represented the police, said the settlement is covered by the town’s insurance carrier, CIRMA, or the Connecticut Interlocal Risk Management Agency, though the town is responsible for a deductible.
“The decision to settle was made by the insurance company,” Karsten said.
He said the company had to weigh the cost of settling against the cost of a trial and the potential monetary exposure if a jury sided with the plaintiffs.
“It is the Police Department’s stance that they acted appropriately,” Karsten said. “There was a warrant for one of the individual’s arrest, and they had to serve it, and the person resisted.”
Attorney Hugh Keefe of New Haven, who represented the Alberino family, declined to comment, citing a confidentiality agreement.
Attorney Scott Karsten, who represented the police, said the settlement is covered by the town’s insurance carrier, CIRMA, or the Connecticut Interlocal Risk Management Agency, though the town is responsible for a deductible.
“The decision to settle was made by the insurance company,” Karsten said.
He said the company had to weigh the cost of settling against the cost of a trial and the potential monetary exposure if a jury sided with the plaintiffs.
“It is the Police Department’s stance that they acted appropriately,” Karsten said. “There was a warrant for one of the individual’s arrest, and they had to serve it, and the person resisted.”
Attorney Hugh Keefe of New Haven, who represented the Alberino family, declined to comment, citing a confidentiality agreement.
The litigation named officers
William Onofrio, Angelo DeLieto, Michael DePalma, Dedric Jones, Mark Sheppard
and Michael Mello as defendants.
The suit claimed police “brutally assaulted” the plaintiffs in their Glenbrook Avenue home in Hamden Oct. 16, 2007.
According to the suit, the officers entered the house to serve a misdemeanor warrant for Stephen Alberino. It alleged after Alberino was on the floor with one hand in handcuffs, police bent back his fingers and punched him in the head before applying handcuffs to his other hand.
It also alleged police kicked and punched Alberino in the head and spit in his face. The lawsuit claimed Nicholas Alberino pleaded with police to stop, and police then handcuffed, punched and kicked Nicholas Alberino.
When police noticed a witness, Kayla Plouffe, recording the incident on her cellphone, police seized and destroyed her phone, the lawsuit alleged.
Police at the time alleged Stephen Alberino bit an officer on the hand during his arrest, and claimed Nicholas Alberino punched an officer.
Stephen Alberino pleaded guilty to assault on a public safety officer and was sentenced to two years in prison, according to state Judicial Branch records.
Nicholas Alberino, who was 17 at the time, entered a no contest plea to interfering with an officer and received a two-month sentence, court records show.
The suit claimed police “brutally assaulted” the plaintiffs in their Glenbrook Avenue home in Hamden Oct. 16, 2007.
According to the suit, the officers entered the house to serve a misdemeanor warrant for Stephen Alberino. It alleged after Alberino was on the floor with one hand in handcuffs, police bent back his fingers and punched him in the head before applying handcuffs to his other hand.
It also alleged police kicked and punched Alberino in the head and spit in his face. The lawsuit claimed Nicholas Alberino pleaded with police to stop, and police then handcuffed, punched and kicked Nicholas Alberino.
When police noticed a witness, Kayla Plouffe, recording the incident on her cellphone, police seized and destroyed her phone, the lawsuit alleged.
Police at the time alleged Stephen Alberino bit an officer on the hand during his arrest, and claimed Nicholas Alberino punched an officer.
Stephen Alberino pleaded guilty to assault on a public safety officer and was sentenced to two years in prison, according to state Judicial Branch records.
Nicholas Alberino, who was 17 at the time, entered a no contest plea to interfering with an officer and received a two-month sentence, court records show.