Howd & Ludorf, LLC Wins Summary Judgment in Police Civil Rights Case
Howd & Ludorf Partner Alan R. Dembiczak recently won summary judgment for the Town of Wolcott and Wolcott Police Officer Bryan Spiotti. In Sinon v. Spiotti, the plaintiff claimed he was injured when he was tased by Officer Spiotti. On August 31, 2008, the officer responded to a call of multiple youths fighting at the intersection of Roosevelt Street and Central Avenue. Upon his arrival, he observed the plaintiff fighting another individual. After ignoring the officer’s commands, the plaintiff was tased. Attorney Dembiczak argued that the use of force was objectively reasonable under the circumstances, and even if it weren’t, the officer was entitled to qualified immunity, as it was not clearly established that an officer could not use a taser under these circumstances. The Court agreed and found not only that the use of force was objectively reasonable, but also that the officer would be entitled to qualified immunity. The Court also found that since the excessive force claim failed, the assault and battery claim failed as well. Finally, it found that the plaintiff had no evidence to support his Monell claim against the Town. The Court granted summary judgment in favor of the Town of Wolcott and Officer Spiotti.