Hull v. Town of Newtown

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Certain policy and procedures of the Newtown Police Department did not impose a ministerial duty on the department’s officers to search Stanley Lupienski, an individual suffering from auditory hallucinations and shortness of breath, when they took him into custody pursuant to Conn. Gen. Stat. 17a-503(a). The Supreme Court affirmed the judgment of the trial court granting summary judgment in favor of the Town of Newtown, holding (1) the arrest section of the Department’s policy applies only in the context of criminal arrest and does not apply in the context of civil mental health custody, which is governed by section 17a-503(a); and (2) Lupienski was not subject to mandatory search under the Department’s prisoner transportation section of the policy because the transportation policy does not apply to those under custody pursuant to section 17a-503(a). View "Hull v. Town of Newtown" on Justia Law

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