Last week, the US Court of Appeals for the Second Circuit issued its decision regarding the 2008 tactical raid in Easton, CT that killed Gonzalo Guizan. After homeowner Ronald Terebesi and Guizan’s estate sued the police involved for civil-rights violations, the cops had asked for summary judgment based on qualified immunity, which the district court denied. The police then appealed.
The Appeals Court affirmed the district court’s denial of summary judgment on every point save one: that because “there is no clearly established right in this Circuit to be free from the deployment of a tactical team in general,” [Easton police chief John] Solomon was within his rights to activate the SWERT team in the first place (the town of Easton, probably upon reviewing their insurance premiums after the settlement with Guizan’s estate, appears to have disagreed: Solomon’s contract was not renewed and he was shown the door). But on every other count the court tilted in Terebesi’s favor, noting that the use of stun grenades, being pinned by the officers’ shields, the poor planning and approval of the raid, and even the failure of officers to intervene to stop it are constitutional grounds for a trial.
