Supreme Court dismisses appeal by state police in Groton suicide suit
Jan. 19—The Connecticut Supreme Court issued a decision Wednesday that will allow a wrongful death lawsuit filed against four former state police troopers by the family of a Groton man who died by suicide to proceed.
The Supreme Court, in a short written decision, dismissed the appeal by the Connecticut Attorney General's Office, which represents the four troopers, to reverse the most recent Appellate Court decision that had remanded the case back to the trial court. The court did not weigh in on the appeal and instead said "the appeal should be dismissed on the ground that certification was improvidently granted," meaning the court should not have accepted the case.
The lawsuit filed by the estate of Timothy Devine in 2014 alleges that state troopers used "intentional, reckless, or grossly negligent conduct" and provoked a suicidal 30-year-old Devine into shooting himself on July 24, 2012, during a standoff on the campus of the University of Connecticut Avery Point campus in Groton.
The suit alleges four former state troopers ― Louis "L.J." Fusaro Jr., Steven Rief, Michael Avery and Kevin Cook ― used excessive force, in effect "causing" Devine's death when they fired several rounds of rubber projectiles at him while he was holding a gun and threatening to shoot himself. The four troopers were members of a state police tactical team. Fusaro is now the chief of the Groton Town Police Department.
Devine, who carried a suicide note in his pocket, was wanted by police for questioning after several teenage boys had alleged Devine had touched them in a sexually inappropriate manner. Devine, who was a firefighter at the Poquonnock Bridge Fire Department and the owner of a Crossfit gym in Groton City at the time, had told police a day before his suicide he would not come in for questioning and would instead shoot himself.
Judges in both state and federal courts had dismissed the case, ruling the suit against the troopers was "barred by the doctrine of sovereign immunity" because of their roles as state troopers and state employees. The dismissal, however, was eventually reversed by the Appellate Court which ruled the lawsuit was filed against the troopers in their individual capacities and not against the state.
Trent LaLima, an attorney with the law firm Santos & LaLima, represents the estate of Timothy Devine and argued the case before the state Supreme Court in November. He said the court's dismissal was essentially a decision not to make a ruling and sends the case back to New London Superior Court for continued motions and potentially a trial.
The state needed the Supreme Court to reverse the Appellate Court decision in order for the case to be dismissed.
"Basically they determined they did not need to disturb the Appellate Court ruling," LaLima said. "We're going back to the trial court and pick up the case which is still in the early stages."
LaLima said he was pleased and not surprised by the ruling because "we always thought this was a case appropriate to continue at the trial level."
A representative from the Attorney General's Office declined comment, citing the pending litigation.
