Henry Berry vs. Michael Zerella

Case Background

On August 4, 2022, Plaintiff Henry Berry filed a Police misconduct lawsuit in the Connecticut State, Superior Court of Bridgeport Division (Case number: FBT-CV22-5049301-S). Judge Mark Gould presided over the case.

Cause

On June 12, 2019, police arrested Henry Berry, a resident of Bridgeport, Connecticut, at the Pequot Library at 720 Pequot Avenue in Southport, Connecticut. Fairfield Police Officer Michael Zerella, employed by the Fairfield Police Department at 100 Reef Road, Fairfield, CT, was one of the arresting officers. After Berry was handcuffed, Zerella allegedly conducted a second search, reaching into Berry's right pocket again and moving it around his thigh, coming into contact with Berry's penis. This occurred while Berry was restrained and unable to protect himself. Later, at the Fairfield Police Department, Zerella allegedly took Berry's backpack out of the room where he was held and stole $50 before returning the backpack to Berry.

Injuries

Berry claims he suffered multiple injuries due to Zerella's actions. The unwanted physical contact during the arrest made Berry fear harmful or offensive contact. This led to emotional distress and feelings of vulnerability. The alleged groping or fondling of Berry's genitals violated his bodily autonomy and dignity, potentially causing psychological trauma, including anxiety, depression, or PTSD. The alleged theft of $50 from Berry's backpack resulted in financial loss and a breach of trust in law enforcement, which likely worsened the emotional impact of the encounter.

Damages

Berry sought compensatory damages for the alleged misconduct. For the claims of negligent sexual contact and assault/sexual assault, he requested compensation for both economic and non-economic losses. These included costs for psychological counseling, therapy, and other medical treatments. Berry also sought compensation for pain and suffering, emotional distress, and loss of enjoyment of life. For the theft allegation, Berry specifically requested treble damages under Connecticut General Statutes Section 52-564, which would have tripled the stolen amount. Additionally, Berry asked for court costs, related expenses, and attorney fees if applicable, even though he represented himself pro se. Berry also remained open to any other damages or relief the court deemed appropriate.

Key Arguments and Proceedings

Legal representation

• Plaintiff(s):Henry Berry
  • Counsel for Plaintiff: Pro Se

• Defendant(s):Michael Zerella
  • Counsel for Defendants: Andrew M. McPherson

Claims Plaintiff alleged various claims against Defendant in a Police Misconduct Lawsuit: Negligent Sexual Contact: Berry alleges that Zerella negligently had sexual contact with him during the arrest. He claims Zerella's action of reaching into his pocket a second time, after all items had been removed, and moving the pocket around his thigh to come into contact with his penis, was negligent and caused him injury. Assault/Sexual Assault: Berry accuses Zerella of intentionally making unwanted physical and/or sexual contact. He claims Zerella deliberately reached into his front right pocket while he was handcuffed, moved his hand to Berry's penis, and groped or fondled it. Berry asserts this action was intentional, willful, malicious, and/or wanton, placing him in fear of harmful or offensive contact. Theft: Berry accuses Zerella of stealing $50 from his backpack at the Fairfield Police Department. This claim is based on Connecticut General Statutes Section 52-564, which allows for civil action in cases of theft. Berry alleges Zerella took advantage of his position to remove the backpack from Berry's presence and steal the money before returning the backpack.

Defense

In his answer, Zerella largely denied the allegations. He admitted to being employed by the Fairfield Police Department but claimed insufficient knowledge to confirm Berry's residency. The court struck Count One, which alleged negligent sexual contact, so the defense did not need to respond. For Count Two, accusing Zerella of assault and sexual assault, the defense denied all allegations. Zerella refuted claims of unwanted physical or sexual contact during the arrest at the Pequot Library on June 12, 2019. He denied groping or fondling Berry's penis or causing Berry to fear harmful contact. Regarding Count Three, alleging theft under Connecticut statute Section 52-564, Zerella denied stealing $50 from Berry's backpack. The defense rejected all claims of theft and the request for damages. Throughout the answer, Zerella maintained his innocence against all charges, placing the burden of proof on Plaintiff Henry Berry. Jury Verdict On August 15, 2024, the Connecticut jury found in favor of the defendant, Michael Zerella and against the plaintiff, Henry Berry in a Police Misconduct Lawsuit. Court Documents: Complaint Answer Jury Verdict