New London poised to settle another suit against police
New London — The city is poised to settle a federal lawsuit filed by a man who alleges his civil and constitutional rights were violated and police used excessive force during his arrest in 2011.
Reuben Miller, 35, claimed police beat him and used pepper spray on him on Dec. 14, 2011, outside the Southeastern Council on Alcoholism and Drug Dependence detoxification center at 47 Coit St.
Court records show that, after a three-hour settlement conference on Sept. 11, the case was settled pending City Council approval. The council met behind closed doors Monday but did not vote on the undisclosed settlement amount.
The potential settlement comes on the heels of a reported $2 million settlement with Curtis Cunningham, the unarmed man shot multiple times by Police Officer Thomas Northup after Cunningham stole and crashed an ice truck while high on PCP.
Miller’s attorney, Tina Sypek D’Amato, declined comment on the proposed settlement.
New London's risk manager, Paul Gills, said the case was resolved through mediation with a federal judge and “we arrived at an amicable settlement pending approval of the council.”
He declined to discuss the amount of the settlement, which typically is paid by the city’s insurance carrier, Connecticut Interlocal Risk Management agency.
Filed April 29, 2013, the lawsuit names New London police officers Joseph Pelchat, Joshua Bergeson, Kurt Lavimoniere and Sgt. Robert Picket.
On the evening of Dec. 14, 2011, Miller had arrived at the detox center for treatment and had a dangerously high blood alcohol level of 0.40.
The center requested an ambulance and police escort to take Miller to the hospital.
Police said Miller visibly was intoxicated, slurring his words and stumbling. He also was crying and pleading for a friend to take him home, according to his suit.
Miller claims Pelchat jumped out of his cruiser and “without provocation and without identifying himself, grabbed Miller from behind and brought him to the ground.”
“Shortly thereafter, Bergeson arrived and slammed (Miller’s) face into the pavement and punched him in the face, eye and ribs several times,” according to the complaint.
Bergeson pepper-sprayed Miller in the face for several seconds, according to the complaint.
An internal investigation at the department cleared the officers of any violations on the use of force but determined there were breaches in several departmental procedures, including the failure to use in-car cruiser cameras and the use of pepper spray by Bergeson.
Bergeson was fired in 2012 for what Mayor Daryl Justin Finizio said at the time was absenteeism. He later was rehired.
According to the complaint, the officers arrested Miller rather than taking him to the hospital, even though he was groaning loudly, having trouble breathing and was “in significant pain.”
The incident was witnessed by several SCADD employees.
Police charged Miller with interfering with an officer and second-degree breach of peace.
He later pleaded no contest in New London Superior Court to a reduced charge of disorderly conduct and received a suspended prison sentence and one year of probation.
Miller currently is serving a two-year prison sentence for conviction earlier this year of a restraining order violation and his third conviction for driving under the influence, court records show.
Gills said the Miller case is another example of where a police department equipped with body cameras might have helped the city’s case.
He said he is planning another proposal to equip the department with body cameras.
The City Council has to date not acted on prior requests.
g.smith@theday.com
Twitter: @SmittyDay
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