Belton v. Dragoi

Citations

• 228 Conn. App. 510

Syllabus

The plaintiff appealed from the judgment of the trial court rendered following its granting of the motion for summary judgment filed by the defendant police officers. The plaintiff claimed, inter alia, that the court improperly concluded that there were no genuine issues of material fact as to whether the defendants used excessive force when they arrested him. Held: The trial court improperly rendered summary judgment for the defendants with respect to the plaintiff's battery claim because, after viewing the evi- dence in the light most favorable to the plaintiff as the nonmoving party, this court concluded that genuine issues of material fact existed as to the force the defendants used during the altercation with the plaintiff and, thus, the plaintiff was entitled to have a jury review the evidence and determine whether the force employed by the defendants was justified and reasonable. The trial court did not err in rendering summary judgment for the defendants with respect to the plaintiff's false arrest claim because the undisputed facts established that there was probable cause to arrest the plaintiff for interfering with an officer. Argued April 25—officially released October 8, 2024