A police shooting victim's mother is suing a Massachusetts town for wrongful death

MILFORD — The mother of a 39-year-old local man who was fatally shot three years ago during a confrontation with police is seeking $5 million in a lawsuit against the town and the Police Department.

The suit was filed in Worcester County Superior Court by Viviane Ptak, mother of Philip Castonguay III. It names the town of Milford, the Milford Police Department, five police officers and former Police Chief Michael Pighetti.

Ptak is suing on 14 counts, including assault; negligence; Americans with Disabilities Act violations; two 4th Amendment violations; a 14th Amendment violation; two emotional distress counts; and a wrongful death count.

Attorneys for Ptak could not be reached.

Milford Town Counsel Brian Murray confirmed that the town was served with the suit and has police liability insurance, which will provide defense of behalf of the insured.

Milford Deputy Police Chief John Sanchioni said the department cannot comment on the case.

Shooting occurred after reports of disturbance

Castonguay was killed on April 5, 2020, after Milford police responded to reports of a disturbance at his apartment on Glines Avenue.

Officer Jeanne VanPatten-Stieger arrived at the apartment at about 8:30 p.m. after Castonguay reportedly threatened a neighbor with a metal pipe, according to the Worcester County Attorney General's Office. After Castonguay emerged from his apartment, VanPatten-Steiger twice ordered him to show his hands.

Earlier: Milford police-involved shooting under investigation

"Castonguay was wielding a metal pipe and charged at the arriving officer. The responding officer shot Castonguay," according to the AG's Office, in a statement released the day after the shoorting.

After the shooting, three Milford police officers and paramedics and fire rescue arrived at the scene.

Castonguay was transported to Milford Regional Medical Center, where he was pronounced dead. VanPatten-Stieger was also transported to the hospital following the incident, per department policy, but was not injured. She was placed on administrative leave, also per department policy.

The incident was investigated by the DA's Office. It concluded that no charges were warranted, and that VanPatten-Steiger's use of deadly force was lawful.

According to Castonguay's mother and her attorneys, Castonguay was holding a door frame pull-up bar.

"Officer VanPatten-Steiger indicated she perceived the object in Philip's hands to be a black 'pistol grip,'" according to the 51-page complaint.

"Every eyewitness interviewed by MPD officers and detectives could plainly see that Philip was holding a pipe and he had his hands raised over his head," the complaint reads. "No eyewitness statement indicated that Philip was holding any object as one would hold a firearm. Nor did they indicate that Philip was holding a 'black pistol grip.'"

Worcester DA findings: Officers in local cases were justified in fatal shootings

Castonguay suffered from mental health problems, something his mother alleges Milford police knew about before the April 2020 incident, as police were called 18 times to his Glines Avenue residence in 2015 alone.

The complaint alleges that according to witness statements, Castonguay was about 4 to 6 feet away from the officer, who drew the firearm without telling Castonguay she was about to or would use deadly force.

"She drew her firearm without ever telling him that she was about to or would use deadly force, without attempting to disarm him in any other manner, without identifying herself as an officer of the law, and shot Philip twice," the complaint reads.

Mother alleges Milford Police policies led to violations

In the complaint, Ptak and her attorneys argue that the Milford Police Department's policies, practices and customs led to violations of Castonguay's Constitutional rights by officers.

"MPD had notice that the training of its officers, specifically Officer Van Patten-Steiger, in rendering medical aid to suspects wounded at the hands of one of their officers was inadequate," the complaint reads.

The lawsuit also addresses a 2011 incident in which a woman was pepper sprayed after she was trying to "provide support and comfort" to her son as he was being arrested. The woman was pepper sprayed by VanPatten-Steiger and another unnamed Milford police officer.

Ptak and her lawyers wrote that VanPatten-Steiger's internal affairs record shows no documentation of either the pepper spraying of an elderly non-suspect or her role in Castonguay's death. The complaint also states that internal affairs records do contain 33 incidents involving VanPatten-Steiger in which corrective action was taken, including verbal or written warnings.

"The MPD's practice and custom of condoning civil rights violations by MPD employees is also shown by its efforts to shield violations in this case," the complaint reads.

In addition, Ptak and her lawyers assert that Milford police lacked adequate procedures for responding to emergency calls involving people with mental illness. The complaint alleges the town failed to train its police officers on how to confront people suffering from mental illness in a safe and professional manner.

Plaintiffs also assert that if police had policies in place to identify and provide services other than a "Section 12" — which refers to a psychiatric hold — "this shooting never would have occurred and Philip would be with us today."

This article originally appeared on The Milford Daily News: Mother of Milford man fatally shot by police seeks $5 million in suit