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Borrelli v. McDermott
United States District Court, D. Connecticut
February 16, 2017
RICHARD BORRELLI, Plaintiff,
BRIAN MCDERMOTT, Defendant.
MEMORANDUM OF DECISION
F. MARTINEZ UNITED STATES MAGISTRATE JUDGE.
Richard Borrelli, commenced this action pursuant to 42 U.S.C.
§ 1983 alleging that defendant Brian McDermott, a New
Haven police officer acting under the color of state law,
violated plaintiff's Fourth Amendment right not to be
subjected to unreasonable force during the course of his
arrest on February 4, 2013. After a bench trial on February
10, 2017, I make the following findings of fact and
conclusions of law pursuant to Rule 52 of the Federal Rules
of Civil Procedure.
Findings of Fact
their joint trial memorandum, the parties stipulated to the
following facts. (Doc. #31, p. 3.)
1. At all relevant times, defendant was a police officer
employed by the New Haven Department of Police Service, and
was acting within the scope of his employment.
2. At all relevant times, defendant was acting under the
color of state law.
3. On February 4, 2013, defendant arrested plaintiff in
Apartment 2B of premises located at 103 Grand Avenue in New
on the credible testimony, the exhibits, and the record as a
whole, I find the following facts.
4. On February 4, 2013, plaintiff resided with his wife and
son at 103 Grand Avenue, Apartment 2B, New Haven,
5. Plaintiff got out of work at 6:00 PM on February 4, 2013.
Before going home, he and some coworkers lingered in the
parking lot and drank alcoholic beverages.
6. Plaintiff drove home and had dinner with his wife and son.
7. After dinner, plaintiff's son went to his bedroom,
while plaintiff and his wife went to their bedroom to watch
8. Some time later, plaintiff and his wife had a loud
argument, during which plaintiff's wife threw a glass,
which broke on the kitchen floor.
9. Shortly after 11:00 PM, defendant and another New Haven
police officer, Rosa Melendez, were dispatched to investigate
a reported domestic disturbance at plaintiff's home.
10. When the officers arrived at the building, they could
hear screaming, yelling, and what sounded like objects
crashing to the floor.
11. The common door to the multi-unit building was locked.
Defendant and Officer Melendez knocked on a first floor
window and someone let them inside.
12. As the officers went up the stairs to the second floor,
they could still hear yelling and screaming.
13. The door to plaintiff's apartment was partially open.
14. Officer Melendez knocked on the door and announced their
15. Neither plaintiff nor his wife wanted the police to go
inside the apartment.
16. Plaintiff told the officers that everything was under
control and that he and his wife did not need ...
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