Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Covaleski v. Granaudo

United States District Court, D. Connecticut

September 2, 2016

MICHAEL COVALESKI, Plaintiff,
v.
MARK J. GRANAUDO, Defendant.

          MEMORANDUM OF DECISION ON DEFENDANT'S MOTION FOR SUMMARY JUDGMENT

          WARREN W. EGINTON SENIOR UNITED STATES DISTRICT JUDGE

         Plaintiff alleges that defendant deprived him of his right to be free from unreasonable force in violation of the Fourth Amendment to the United States Constitution when defendant handcuffed plaintiff incident to arrest on February 11, 2014. Defendant has moved for summary judgment. For the following reasons, defendant's motion will be granted.

         BACKGROUND

         The following facts are gleaned from the parties' statements of fact, affidavits, deposition transcripts, and other exhibit documentation.

         On February 11, 2014, plaintiff resided at 43 Asnuntuck Street, apartment # 3, in Enfield, Connecticut, with his partner, Alverna Heath, their two minor children, and a roommate, Gregory Squazza.

         On that date, at approximately 9:00 p.m., defendant, an officer of the Enfield Police Department, responded to plaintiff's residence in connection with an emergency medical assistance call for Ms. Heath. Upon his arrival, defendant observed that members of the Enfield EMS were already assisting Ms. Heath, who at the time was located in a bedroom shared by Ms. Heath and plaintiff.

         Defendant entered the bedroom and observed two handguns located on a shelf. Upon examination, defendant discovered that both handguns were loaded and one had a seventeen (17) round magazine inserted into the magazine well. Ms. Heath told defendant that the two handguns belonged to plaintiff. Defendant also learned that the two children residing at the house frequently entered the bedroom to watch television. The locking mechanism on the bedroom door was broken, so the room could not be secured.

         Shortly after Ms. Heath had been transported to a hospital by the EMS and before defendant was able to complete his investigation, plaintiff arrived at his residence.

         Plaintiff admitted ownership of the handguns and acknowledged that the guns were registered but that the high capacity magazine was not.

         Upon consultation with his supervisor, Sgt. Marianne Christensen, defendant determined that there was probable cause to arrest the plaintiff on charges of two counts of risk of injury to a minor in violation of Connecticut General Statutes § 53-21; two counts of reckless endangerment in the second degree in violation of Connecticut General Statutes § 53a-64; and possession of a large capacity magazine in violation of Public Act No. 13-220.

         Defendant explained the violations to plaintiff and placed him under arrest. Plaintiff was cooperative during the arrest and voluntarily placed his hands behind his back in order to be handcuffed.

         According to plaintiff, once he was handcuffed, his hands were resting behind his back at a height approximately on top of his buttocks. Plaintiff asserts that despite notifying defendant of his recent shoulder surgery, defendant raised plaintiff's arms by several inches in order to adjust and double lock the cuffs, causing pain and injury to plaintiff's right shoulder.

         Double locking the handcuffs is a standard handcuffing technique that prevents the handcuffs from tightening further, preventing potential nerve damage or loss of circulation. During and after the time that he was handcuffed, plaintiff never complained of discomfort or pain. Throughout the encounter, defendant was polite and courteous with plaintiff. Aside from the actual act of handcuffing, defendant had no other physical contact with plaintiff.

         Defendant graduated from the Connecticut Police Academy in 2008, where he was educated as to proper handcuffing technique, and he ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.