DiMartino v. Mashantucket Pequot Tribal Nation

No. MPTC-CV-PI-2014-174 (2017)

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DiMartino v. Mashantucket Pequot Tribal Nation

Mashantucket Pequot Tribal Court
No. MPTC-CV-PI-2014-174 (2017)

Facts

Anthony DiMartino (plaintiff) was outside a nightclub with his brother, who had been removed from the club for being intoxicated. The brother was belligerent and arguing with State Trooper Jason Deojay (the trooper). When the trooper initiated arrest of the brother, DiMartino stepped between them to intervene. Gary Coates (the officer), a police officer for the Mashantucket Pequot Tribal Nation (tribe) (defendant), who was watching from nearby, grabbed DiMartino and, using a maneuver not taught during officer training, swung him to the ground in less than four seconds. Surveillance video of the incident showed people leaving the nightclub close by during the altercation. DiMartino brought suit for negligence against the officer and the tribe under a theory of respondeat superior. DiMartino offered expert testimony that, although the officer’s initial act of grabbing was justified, the act of throwing DiMartino to the ground was a second, independent act of excessive force. Expert testimony introduced by the officer concluded that the maneuver constituted a single action. The officer personally testified that he grabbed DiMartino and pulled him away from the trooper and that the momentum of this pulling motion took them to the ground.

Rule of Law

Issue

Holding and Reasoning (Londregan, J.)

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