Soto v. Gaudett et al

Filing 156

ORDER granting 144 Motion for Reconsideration re 141 Order on Motion for Summary Judgment, Order on Motion in Limine. Signed by Judge Warren W. Eginton on 8/22/2017. (Gould, K.)

UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT
ORLANDO SOTO, CONSERVATOR
of the ESTATE OF ISRAEL SOTO,
Plaintiff,
v.
JOSEPH L. GAUDETTE, MARTIN
HEANUE, DAMIAN CSECH, CHRIS
ROBINSON, CHRISTOPHER
STEPNIEWSKI, JANE DOE, JOHN
DOE and CITY OF BRIDGEPORT,
Defendants.

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No. 3:10-cv-106 (WWE)

RULING ON MOTION FOR RECONSIDERATION
Plaintiff Orlando Soto, conservator of the estate of Israel Soto, has alleged
several civil rights violations pursuant to 42 U.S.C. § 1983 against the City of
Bridgeport, Chief of Police Joseph L. Gaudette, Officer Martin Heanue, Officer Damien
Csech, Officer Chris Robinson, and Sergeant Christopher Stepniewski.
In a ruling dated October 22, 2015, this Court granted summary judgment, inter
alia, on the claims against Sergeant Stepniewski based on his alleged beating of
plaintiff after the tasing incidents.1 Plaintiff has moved for reconsideration of this
portion of the summary judgment ruling. Upon review, the Court will grant the motion
for reconsideration.
Plaintiff asserts that Sergeant Stepniewski beat plaintiff with blows to the head
while he was unresponsive and face down. Defendants argued that plaintiff cannot

1The

Second Circuit recently reviewed this Court’s ruling and found that it had no basis
for appellate jurisdiction due to disputed issues of fact with the exception of the ruling on
summary judgment as to defendant Csech.

offer any evidence of this alleged beating because there is no testimony, no police
report, no witness reports or other circumstantial evidence that would raise an inference
that such event occurred. Plaintiff had supported his claim with an unverified letter from
a medical expert. The Court held that a reasonable jury’s consideration of these claims
against defendant Stepniewski would necessitate speculation. However, plaintiff has
now filed a sworn affidavit from the medical expert, Dr. Adam Mednick, a neurologist.
Plaintiff has also pointed out instances where the circumstantial evidence may support
his claims against defendant Stepniewski based on the alleged battery.
The Court GRANTS the motion for reconsideration [doc. #144] and VACATES its
prior ruling on the claims at issue against Sergenat Stepniewski. Plaintiff’s claims of
excessive force and assault and battery alleged against Sergeant Stepniewski may
proceed to a jury.
Dated at Bridgeport, Connecticut this 22d day of August, 2017.

/s/Warren W. Eginton
WARREN W. EGINTON
SENIOR UNITED STATES DISTRICT JUDGE