Mcdevitt v. Suffolk County Et Al

Case Background

Plaintiff Michael W. McDevitt filed the Police Brutality lawsuit on July 14, 2020, in the New York State, District Court of Central Islip Division (Case number: 2:16cv4164). Judge Gary R. Brown was assigned to the case. Magistrate Judge Steven Tiscione was referred to the case.

Cause

On April 2, 2014, Michael W. McDevitt drove to 7 Hornleaf Lane in Holbrook, Suffolk County, New York, after receiving a distressed call from Brittney Barton, his son’s girlfriend. Barton reported that someone was breaking down a door at the residence. Upon arrival, McDevitt observed a missing door that separated apartments in the multi-family housing unit. Suffolk County Police Officer Glenn Torquinio was already present outside with two other individuals. When McDevitt inquired about the missing door, Torquinio aggressively told him to “get the f*ck in the house.” McDevitt complied, entering the apartment where Barton lived.

Shortly after, Torquinio entered the apartment and began questioning McDevitt and Barton in the kitchen. When McDevitt responded to questions, Torquinio told him to “shut the f*ck up” and ordered him to leave. McDevitt explained he was responsible for Barton’s well-being. Without warning, Torquinio suddenly struck McDevitt in the face with great force. He then proceeded to repeatedly punch and beat McDevitt all over his body, throwing him against glass doors in the kitchen. As the assault continued, McDevitt tried to shield himself and eventually lowered to the floor in a defensive position.

Torquinio lifted McDevitt and threw him to the ground, continuing to punch and knee him in the back and side. McDevitt pleaded for Torquinio to stop and informed him of previous back injuries, but the officer disregarded his pleas. Barton screamed at Torquinio to stop, stating McDevitt had done nothing wrong. She began recording the incident on her cell phone. Torquinio eventually handcuffed McDevitt as he lay face down, putting his full weight on McDevitt’s body.

Injuries

As a result of the police brutality, McDevitt suffered severe physical injuries throughout his body. The assault exacerbated his pre-existing herniated discs and back injuries, causing permanent damage and intense pain. McDevitt experienced great pain from being repeatedly punched, thrown against doors and to the ground, and kneed in his back and side by Officer Torquinio. He sustained additional injuries to his wrists from excessively tight handcuffs that officers refused to loosen despite his complaints.

Beyond the acute physical trauma, McDevitt endured significant emotional and psychological harm. He experienced extreme fear for his life during the assault, as well as humiliation and degradation from the unjustified attack and subsequent malicious prosecution. The incident caused McDevitt to suffer from ongoing anxiety, night terrors, sleep disturbances, and emotional exhaustion. He required medication to manage the psychological impacts of the trauma.

Damages

The complaint seeks compensatory damages of $5 million for each of the ten counts, as well as $5 million in punitive damages, for a total of over $55 million in damages. It also requests declaratory and injunctive relief to address the alleged patterns of misconduct, as well as attorney’s fees and costs.

Key Arguments and Proceedings

Legal representation

  • Plaintiff(s): Michael W. McDevitt
    • Counsel for Plaintiff: Cory H. Morris| Scott A. Korenbaum | Victor John Yannacone , Jr.
  • Defendant(s):Suffolk County Division of Environmental Quality | Suffolk County Police Department | Glenn Torquinio, Suffolk County Police Officer in his individual and official capacities | Police Officer Alejandro sanchez
    • Counsel for Defendants: Stacy A. Skorupa| Callan Wright Tauster |

 Claims

The complaint alleges multiple federal civil rights violations under 42 U.S.C. § 1983, including:

  • Excessive use of force: Officer Torquinio employed unreasonable and unnecessary force against McDevitt, violating his Fourth Amendment rights. The beating was unjustified, as McDevitt posed no threat and was not resisting.
  • False arrest/false imprisonment: McDevitt was unlawfully detained and arrested without probable cause, in violation of his Fourth Amendment rights.
  • Malicious prosecution: Officers initiated and continued criminal proceedings against McDevitt without probable cause and with malicious intent.
  • Abuse of process: Defendants misused legal procedures to accomplish an ulterior purpose of covering up the unjustified assault on McDevitt.
  • Conspiracy to violate civil rights: Multiple officers acted in concert to deprive McDevitt of his constitutional rights through their coordinated misconduct.
  • Municipal liability: Suffolk County and the Suffolk County Police Department maintained policies, practices, and customs that led to the violation of McDevitt’s rights, including failure to properly train, supervise, and discipline officers.

State law claims include:

  • Assault and battery: Officer Torquinio intentionally and unjustifiably used force against McDevitt, causing harmful physical contact and apprehension of imminent harm.
  • Intentional infliction of emotional distress: Defendants engaged in extreme and outrageous conduct intended to cause severe emotional harm to McDevitt.
  • Negligent infliction of emotional distress: Defendants’ negligent actions foreseeably caused McDevitt to suffer severe emotional distress.
  • Negligence: Defendants breached their duty of care to McDevitt through their unreasonable and harmful actions.

Defense

The defendants, Suffolk County and Police Officer Glenn Tarquinio, responded to the plaintiff’s complaint through their attorney, Dennis M. Brown. They denied knowledge or information about many of the allegations and referred legal questions to the court. The defendants admitted certain facts, such as Suffolk County being a municipality in New York State and Tarquinio being employed by the Suffolk County Police Department during the events in question.

The defense presented several affirmative defenses. They claimed that the complaint failed to state a valid claim and that any damages sustained by the plaintiff were due to his own culpable or negligent conduct. They argued that there was no deprivation of constitutional rights or basis for a civil rights claim. The defendants asserted that no official policy or custom authorized any violation of the plaintiff’s rights. They also claimed that respondeat superior and vicarious liability did not apply to civil rights claims and that municipal defendants were not liable for punitive damages.

Furthermore, the defense argued that the court lacked subject matter jurisdiction and that the plaintiff failed to comply with statutory conditions for suing municipal defendants. They maintained that their actions were justified, reasonable, and based on probable cause. The defendants claimed they acted in good faith and within their official duties, asserting qualified and/or absolute immunity. Finally, they argued that any state law claims were barred due to the plaintiff’s failure to meet statutory requirements and that the Suffolk County Police Department was not an entity that could be sued.

Jury Verdict

On April 24, 2024, the jury awarded the Plaintiff a total of $750,000 in damages against Defendant Tarquinio. This verdict consisted of $150,000 in compensatory damages for the malicious prosecution claim and $600,000 in punitive damages.

Court Documents:

Available Upon Request