WIKIMEDIA
A 2007 photo of the Derby Greenway.
DERBY — The victim of a horrific attack on the Derby Greenway has filed a lawsuit against the city, saying officials did nothing to protect people who use the popular walking trail.
“The City of Derby knew or should have known of the City’s high rate of crime and the locations within the City that were more prone to such activity,” the lawsuit, filed March 23 on behalf of the victim by lawyer Andrew J. Pianka of Seymour.
The victim, a female senior citizen, was beaten and raped Nov. 2, 2019 in broad daylight on the Derby Greenway. She was badly injured, including two broken wrists.
The suspect, Artay Drinks, of Waterbury, was charged Nov. 5 with first-degree sexual assault, third-degree robbery, and third-degree assault of an elderly person. Drinks has six additional criminal cases pending against him.
In the lawsuit, Pianka states that Derby “continuously experiences high rates of violence and non-violent crimes.”
The lawsuit alleges the city has never taken steps to properly protect people who use the river walk, which stretches from the Derby-Shelton bridge on Main Street to Division Street on the Derby-Ansonia border.
Furthermore, the lawsuit alleges the area near the Commodore Hull Bridge has “experienced frequent criminal activity,” including vandalism. The lawsuit identifies this “isolated area” as the place the woman was attacked.
The lawsuit claims parts of the walking trail leave the public vulnerable to criminals.
“This area was developed with a lack of security and without adequate surveillance cameras, phone stations, emergency call boxes, police patrol, and out of sight from the general public,” the lawsuit states.
In response, the City of Derby’s lawyer submitted paperwork saying Derby is immune from liability. As proof, the lawyer points to a state law governing recreational land use, which shields towns and cities from being held responsible on land that is being used for free for recreation.
“Accordingly, it is clear that as a matter of law the City of Derby is immune to liability for the injuries and losses that Plaintiff alleges that she sustained pursuant to the provisions of the Recreational Lane Use Act and plaintiff’s complaint must be stricken,” according to the response filed on Derby’s behalf by lawyers Scott Oullette and James Williams.
The victim’s lawyer notes she needed extensive and costly medical attention after the attack, including surgeries. More medical procedures are needed. The lawsuit seeks at least $15,000 from the city in connection to the municipality’s alleged negligence.
The plaintiff has asked the city to hand over crime data as it relates to the river walk, including all crime statistics from 1995 to 2019, all incident and/or arrest reports filed with Derby police involving incidents in the river walk area, along with the budgets detailing how much the city has spent on security on the walking trail.
In addition, the plaintiff wants to interview everyone involved in the planning of the walking trail.
City officials did not comment for this story.
