Brudney v. Ematrudo

• Decision Date: 21 June 1976
• Docket Number: Civ. No. 15390.
• Citation: 414 F. Supp. 1187
• Court: U.S. District Court — District of Connecticut
• Parties: Karen BRUDNEY v. Peter D. EMATRUDO, Individually and in his official capacity as a police officer with the Police Department of the City of New Haven.

414 F. Supp. 1187

Karen BRUDNEY v. Peter D. EMATRUDO, Individually and in his official capacity as a police officer with the Police Department of the City of New Haven.

Civ. No. 15390.

United States District Court, D. Connecticut.

June 21, 1976.

Michael Avery, Roraback, Williams & Avery, New Haven, Conn., for plaintiff.

Anthony J. Lasala, New Haven, Conn., for defendant.

MEMORANDUM OF DECISION

ZAMPANO, District Judge.

The plaintiff, Karen Brudney, a former student at Yale University, commenced this action against Peter Ematrudo, a member of the New Haven Police Department, to recover damages for a violation of her constitutional rights under 42 U.S.C. § 1983 and for assault and battery under a pendent claim based upon the law of the State of Connecticut. A bench trial was held during which eight witnesses were called by the parties in February, 1976, and comprehensive briefs have now been filed.

The evidence at trial was highly contradictory and disparate. It appears, however, that on May 11, 1972, the plaintiff was attending a demonstration conducted at the Yale-in-China building, 434 Temple Street in New Haven, to protest the presence of a Marine Corps recruiter on the Yale campus. The demonstration was, in a larger sense, directed against the continuing United States involvement in Southeast Asia. The protestors, predominantly Yale students, began to assemble at the Temple Street address at approximately 9:00 A.M. By 11:00 A.M., the crowd had grown to over 100, and about 10 to 15 police officers in plain clothes, including the defendant, moved in and formed a line in front of the building to insure access to anyone who might wish to talk to the recruiter. When several Yale students attempted to gain entrance to the building to see the representative from the Marine Corps, the demonstrators sought to block the visit, tempers flared, and physical confrontations between the protestors and the police ensued.

The plaintiff contends that she was passively standing by at the fringe of the crowd when the defendant, without warning and without provocation on her part, walked over to her and wilfully and viciously struck her on the head with a blackjack, causing her injuries which required immediate medical treatment at the Yale infirmary. Her witnesses generally confirmed her version of the incident. Robert Yuhnke, at the time a Yale law student and presently an Assistant Attorney General for the Commonwealth of Pennsylvania, testified that only a "peaceful" demonstration was occurring when the defendant reached into the crowd and struck out with his blackjack three times. He saw a woman's head being hit and then observed Ms. Brudney being led out of the crowd by her friends. Since he was a law student who had had some experience with police misconduct in other cities, Yuhnke felt it was important to record the names of other witnesses and submit them to the plaintiff along with the recommendation that she consult with an attorney.

Mr. Joshua Cohen, a friend of Ms. Brudney's and a fellow student at Yale, stated that although the demonstrators had taken no "affirmative action" against the police, there was some "pushing" on the part of the police just prior to the plaintiff being struck by the defendant. He later confronted the defendant with Ms. Brudney seeking an explanation for the assault. The defendant denied striking the plaintiff.

Robert Martin, another former Yale student who is now an accountant, affirmed that the plaintiff was hit "without provocation" at a time when there might have been some type of altercation taking place, but not in the area where the plaintiff was standing.

The defendant and his three witnesses presented an entirely different version of the situation. Officer Grasso testified that a general disturbance broke out when two Yale students attempted to gain entrance to the building. Detective Giannotti was being assaulted when police officers came to his aid, but Grasso had no recollection that the plaintiff received injuries during the fracas. Detective Giannotti asserted that demonstrators were fighting with the police when he and officer Caccioli were knocked to the ground and kicked by the crowd. At this point, the defendant lunged into the group to aid the fallen policemen and Giannotti saw the defendant's hand "go by." However, he did not see the plaintiff being struck. Detective Caccioli stated that during the course of a violent confrontation between police and students, he, officer Grasso, and the defendant rushed to detective Giannotti's side to rescue him from the crowd. However, he did not observe the incident between the plaintiff and defendant. Finally, the defendant testified that he used his blackjack to subdue a male demonstrator identified as "Cruz" who was attacking Giannotti. He denied he struck the plaintiff and had no explanation to account for her claim.

Under these circumstances, it becomes a most difficult task to determine exactly what occurred on the date in question. All the witnesses have excellent reputations and their demeanor on the stand was impressive. Yet, the Court must recognize that during the course of any melee, particularly one that breaks out in the tense atmosphere of an anti-war protest, a great deal of confusion results. Some witnesses are in a better position to hear and see what actually occurred; others are overly-eager to recite their stories in a light best suited to advance the cause of the party calling them to testify; and, still others may have strong philosophical beliefs which subconsciously impede accurate observations and hamper accurate reporting. In addition, the passage of time may adversely affect the witnesses' recollection and cause flawed testimony.

After a careful review of the evidence, the Court accepts neither of the parties' complete version of the facts and finds as follows. On May 11, 1972, at approximately 11:00 A.M., a peaceful anti-war demonstration held in front of the Yale-in-China building in New Haven turned into a serious physical encounter between students and police. Scuffles and fights occurred. The defendant,...