Judge Hears Arguments In Derby Stabbing Lawsuit

DERBY — A judge listened to arguments Jan. 27 about whether a lawsuit stemming from a stabbing outside the high school should move forward.

Melvin Mujica-Cruz was attacked and stabbed by two assailants after a Derby versus Emmett O’Brien basketball game on Feb. 14, 2022. Mujica-Cruz is an adult who was at the campus to watch his teen relative play for Derby. 

Mujica-Cruz filed a civil lawsuit against the city and Derby Public Schools in January 2023 alleging the city was at fault for not having security or police present as the crowd emptied the building and went into the parking lot.Click here for a previous story.

Mujica-Cruz is asking for at least $15,000 in damages, according to his complaint.

However, the lawyer representing the city and school district said the lawsuit cannot move forward because Derby is protected by governmental immunity, a complicated area of law that makes it tough to proceed with a lawsuit against a municipality.

Joshua A. Yahwak is the city and school district’s lawyer. He filed a motion of summary judgement, which asked Superior Court Judge Barbara Bellis to rule on the governmental immunity argument and to decide in his clients’ favor — which would stop the lawsuit in its tracks.

Judge Bellis did not render a decision on Monday, but listened to each side make their arguments on governmental immunity in a hearing that lasted about 13 minutes.

Yahwak argued that while there are exemptions to governmental immunity, this case doesn’t come close to qualifying for those exemptions.

To overcome the governmental immunity protection, Yahwak said the plaintiffs have to prove that a ministerial act” or formal policy was violated in Derby. 

Cornell University Law School describes a ministerial act as an act performed in a prescribed manner and in obedience to a legal authority, without regard to one’s own judgment or discretion.”

In this case, there simply are no ministerial acts that have been alleged,” Yahwak said.

He pointed out the plaintiff’s legal filings do not point to a specific Derby schools policy mandating how many security people or police officers should be present after a school event.

However, Kara Crismale, the lawyer for Mujica-Cruz, said the school board has several policies regarding behavior at extracurricular activities. She argued that the school officials were responsible for providing safe passage for members of the public attending the game, as it had done inside the building where the game was played.

It was basically go out, you’re on your own,” Crismale said.

Judge Bellis did not ask questions during the hearing and did not say when she will rule on the motion for summary judgement.

Background

According to court documents, Mujica-Cruz left the Derby basketball game at about 9 p.m. and drove to his mother’s house a few minutes away.

Meanwhile, his mother, his sister, and his little brother (a Derby High School basketball player) along with a second Derby player were together on campus. They were approached by two people armed with knives in the parking lot, according to court documents. 

The assailants were threatening the two Derby players, according to the plaintiff’s court documents.

Mujica-Cruz’ sister called him and told him what was happening.

Mujica-Cruz drove back to the campus to protect his family, according to his lawsuit. He was stabbed at least twice, in the chest and shoulder.

Mujica-Cruz said someone else from the campus called police to report the attack. No arrests were reported.

Mujica-Cruz recovered from his injuries, but not after incurring large medical bills, his lawsuit points out. 

If the case moves forward, a trial could be scheduled for March, according to the state court database.

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