City to settle suit with deaf residents

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The Register Citizen - City to settle suit with deaf residents

The city agreed to settle a federal civil rights action brought against several police officers, the chief and the municipality two years ago by three deaf residents who accused police of using excessive force in a 2002 criminal arrest.

Council members unanimously agreed to settle the lawsuit for $50,000, an amount recommended by Frank Szilagyi, the attorney representing the city's carrier, Kemper Insurance Companies. The amount, which also represents the policy limit, is to be distributed to the plaintiffs, Wendell Hunte, Barbara Hunte and Roosevelt Hunte, former residents of 17 Alvord St., Torrington.

The case stemmed from a custodial interference matter. On the evening of July 10, 2002, police received a complaint that Kenuel Hunte, the plaintiffs' brother, took his 7-year-old daughter from her home on Albrecht Road. Police met up with Kenuel at his sibling's residence and a dispute broke out between police and the Huntes. The Huntes claimed police did not heed their sign language and used pepper spray to subdue them, and police claimed the Huntes attacked officers with construction materials including two-by-fours with protruding nails.

The criminal cases brought against the Huntes were resolved. In the federal suit, the three plaintiffs alleged physical injuries and emotional distress.
The case was brought in June 2005 and was set to begin trial this week, according to court documents. Over the last two years, depositions were taken of officers and witnesses and numerous court documents were filed in United States District Court, District of Connecticut.

The case is settling, but police are not conceding there was any wrongdoing, Chief Robert Milano said.

"I support the officers 100 percent," Milano said. "They acted with a great deal of professionalism and restraint." There was an initial report Kenuel Hunte brandished a machete and police were concerned about protecting the child from what could be a deadly situation for the child and anyone who came in contact with Kenuel Hunte, police said.

"The city, in settling, doesn't believe that the officers did do anything wrong," Mayor Ryan Bingham said. Bingham said the officers should be commended for showing restraint in a volatile situation.

The formal settlement documents are expected to be drafted this week, City Attorney Ernestine Weaver said. The city also agreed to draft a policy listing the steps for responding to an emergency call involving parties who are hearing impaired.

Kenuel Hunte was arrested in June and charged with animal cruelty after he allegedly attempted to abandon a pit bull dog at John Minetto State Park in Torrington.
 
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