DERBY-SHELTON – The cities of Derby and Shelton agreed to pay $30,000 each to a woman who filed a federal lawsuit saying she was the victim of police excessive force.
The settlement ends a civil rights lawsuit that was filed in December 2019 by Linda Mehaylo, a woman who said police grabbed her, turned her upside down, and threw her in a police vehicle during a 2017 arrest.
According to court documents, Mehaylo had been involved in a fender-bender in Derby and talked briefly with the driver before leaving to go to her apartment in Shelton.
Derby and Shelton police confronted her there and said she would not come out of her residence. Eventually she was detained and arrested.
The lawsuit named Derby Officer Frank DeAngelo, along with Shelton Officers Manuel Dominguez and Daniel Loris. Through their lawyers, the trio denied excessive force had been used, and said Mehaylo had been combative.
Mehaylo’s case was strengthened after the defendants failed to convince a judge to issue a summary judgement in their favor. Part of the police officers’ argument was that they were protected by qualified immunity, a legality that shields the government from lawsuits unless certain criteria are met.
However, U.S. District Judge Victor A. Bolden denied the officers’ motion for summary judgement in a 23-page written ruling dated Nov. 18, 2022.
The judge, accepting Mehaylo’s version of events, said that Mehaylo was home alone when she saw flashing lights outside her home and men banging on her residence at various locations, including the front and garage doors.
The judge said Mehaylo “agreed to open the wood front door as long as she could speak to the officers with the screen storm door between them.”
The judge said DeAngelo opened the screen door and grabbed her to detain her.
Bolton noted several factors come into play when judging whether an officer used excessive force, including the severity of the alleged crime.
The judge noted that police were at Mehaylo’s residence investigating a non-violent misdemeanor involving a person who had no history of violence.
The judge also questioned whether Mehaylo was a threat to police, noting she was complying with police, to some extent.
“Here, Ms. Mehaylo told the officers she would open the door, but that they could not come in because she did not fully understand why they were at her house,” the judge wrote. “Once Ms. Mehaylo opened the inner wood door, Officer DeAngelo immediately opened the screen storm door and physically pulled Ms. Mehaylo out of her home.”
The judge added:
“Thus, Officer DeAngelo used force to remove Ms. Mehaylo, even though she was attempting to comply, and therefore, this could be considered excessive.”
Derby and Shelton opted to negotiate a settlement after the judge denied the motion for summary judgement.
The Shelton Board of Aldermen approved the settlement in February. The Derby Board of Aldermen & Alderwomen approved the settlement in March.
However, the official stipulation of dismissal was not filed until Sept. 11.
The money to pay for the settlement comes from the two cities’ insurance carriers. Thomas Gerarde, a lawyer who represented Derby in the case, said in an email that the insurance carriers opted to settle rather than incur the costs associated with a trial and possible appeal. Gerarde’s email said there was no admission of liability by Derby or Shelton.