School Incident Claimants Lose Case Against Middletown Police Department

By: Alan R. Dembiczak

adembiczak@hl-law.com

860-249-1361 Ext. 148

Jackson v. Middletown (USDC – 2017): Plaintiffs, Zahrod Jackson, Yaamal Jackson, and their mother, Tanya Jackson, claimed that Middletown police officers violated their constitutional rights as a result of an incident in Middletown High School, and a second incident in front of the Middletown Police Department. The complaint alleged that on September 3, 2010, Zahrod was accused of stealing food from the cafeteria, and after being confronted by school officials and a school resource officer, he was subjected to excessive use of force and falsely arrested. His brother, Yaamal Jackson, who was present in the cafeteria at the time, attempted to intervene, and was restrained and arrested by Middletown police. The two students were brought to the Middletown Police Department for processing, and their mother, Tanya Jackson, picked them up. When they were exiting the police department, Yaamal kicked a blood drive sign located in front of the police department which prompted Tanya Jackson to physically strike and swear at him. Tanya and Yaamal were then arrested. All three plaintiffs filed multiple civil rights claims for excessive force, false arrest, malicious prosecution and due process. They also pled state law claims for negligence, recklessness, assault and battery and infliction of emotional distress. Defendants moved for summary judgment as to all claims in the complaint, and the Court granted summary judgment on all claims except for the excessive force, assault and battery and infliction of emotional distress claims.