Local Police Sued For Excessive Use Of Force

By Andrew Gorosko

A local woman is suing four town police officers for an alleged excessive use of force in connection with a police response to a disturbance at her Botsford home last January.

In a civil rights lawsuit filed in United States District Court in Bridgeport, defendant Andrea Capozziello names as defendants police patrol officers William Hull, Jason Frank, Robert Haas, and Sergeant Joe Rios.

Ms Capozziello alleges the officers deprived her of her rights, privileges and immunities secured her by US law and the US Constitution.

According to the lawsuit, on the evening of January 5, Ms Capozziello, 28, was at her home at 15-A Botsford Hill Road in the company of her husband, Thomas, 31, and her nephew Gene Casivent, 20, of Southbury, and riding a motor bike on her property.

In a report filed last January, police stated they went to the property in response to a complaint of a disturbance there.

 The lawsuit alleges the police entered the Capozziello property and chased Ms Capozziello and her husband and nephew and sprayed them with the chemical irritant known as Mace.

One of the police officers seized and handcuffed Thomas Capozziello and threw him into the back seat of a police car, according to the legal papers.

One of the officers started to spray Mace at Casivent and Ms Capozziello then asked police in a loud voice what they were doing and then told them to get away, the suit states.

“She was struck a hard blow to her head and eye and then thrown to the ground by the defendant Hull who then kicked her and put his knee on the back of her head and twisted his knee several times with great force. This caused her great pain,” the lawsuit states.

Complaining loudly about her painful head, Ms Capozziello was then placed in the back of a police car, it adds. Hull then allegedly profanely threatened to tie up Ms Capozziello unless she quieted down, according to the suit.

“The plaintiff started to scream in panic and then passed out. She woke up at the Newtown police station at the garage port behind the station. She was walked into the station where ambulance personnel were waiting,” the suit adds.

Although ambulance personnel said she should be transported to the hospital immediately, police did not allow her to be transported for approximately 20 minutes because they claimed they had to accompany the ambulance, the legal papers state.

At the time of the incident, Rios was the other officers’ commander, but failed to protect the plaintiff from the infliction of excessive force and to see to it that she received necessary medical care, the lawsuit states.

The force used on Ms Capozziello was without just or probable cause and was in violation of her right to be free from such force under the provisions of the Constitution, the suit adds.

The lawsuit contends the use of force on Ms Capozziello amounted to assault and battery.

The defendants’ actions amounted to a negligent or intentional infliction of emotional harm upon her which the defendants knew or ought to have known might cause her to suffer injury or illness and which has caused her to suffer serious emotional injury or illness, the suit states.

Through the lawsuit, Ms Capozziello seeks compensatory and punitive damages, as well as lawyers’ fees from each of the defendants.

As a result of the January 5 incident, police charged Ms Capozziello with breach of peace, interfering with police and assault on a police officer. Police charged Mr Capozziello with breach of peace and interfering with police. Police charged Mr Casivent with breach of peace and interfering with police.

The town has until next week to reply to the allegations leveled in the lawsuit.