Danbury Hospital Shooting Victim Files Notice of Intent to Sue Newtown

The lawyer for a Danbury Hospital nurse who was shot by a Brookfield resident in March has filed a notice with the Newtown clerk's office saying he intends to sue the town and its police officers, accusing them of enabling the shooting.

The notice, which was received Tuesday, comes six months after Stanley Lupienski, 86, of 3 Brooks Quarry Road, Brookfield, grabbed a gun and fired at Andrew Hull, a nurse at Danbury Hospital, as the two struggled for control of the firearm, police said.

On March 1, Lupienski had gone to Newtown police department and reportedly told officers he should be brought to the hospital or killed, according to court records. A day after he was taken to the hospital by ambulance, an agitated Lupienski allegedly retrieving a gun from his possessions and pointed at staff. Hull unsuccessfully tried to wrestle the gun away and was shot in the process, receiving injuries to his left hand, neck and chest, according to the police account. A security guard and others later were able to subdue Lupienski.

New Haven lawyer David Rosen, who said he represents Andrew and Erica Hull, of Bethel, filed the notice to sue Newtown just in time to meet a state deadline that requires anyone who wants to sue a municipality to submit a notice of intent within six months of the incident.

Rosen, who could not be reached for comment, said in his letter that the shooting was "enabled by the actions and inactions of the Town and its officers" alleging "negligence and/or civil rights violations."

Newtown Police Chief Michael Kehoe declined to comment on Friday, saying the town has a "no comment" policy when it comes to potential lawsuits.

Kehoe has in the past discussed the incident and said officers did not search Lupienski because they had no probable cause, saying police treated the encounter as a medical call. Lupienski had driven to the Newtown police department, and met with one or more officers in the front parking lot, Kehoe has said. From there, an ambulance was called to transport Lupienski to Danbury Hospital.

Kehoe has declined to elaborate on what Lupienski and the officers discussed and whether items were retrieved from Lupienski's vehicle prior to his being placed on the ambulance. Kehoe did defend the officers' actions, saying that police had no reasonable cause to search Lupienski or his belongings.

It was unclear who owned the .25 caliber semi-automatic pistol Lupienski allegedly used to shoot Hull. Lupienski did not possess a valid pistol permit, court records said.

Joel Faxon, a Newtown resident and prominent civil lawyer with New Haven-based Stratton-Faxon law firm who is not involved in the case, said as members of a government authority, the officers have some immunity from such lawsuits unless Rosen can prove there was a "breach of ministerial duty," or the department has a standard operating procedure that was not followed and would have required the officers to search Lupienski.

"The real responsible party would be the hospital," said Faxon, adding that a better case can be made that the hospital should have made sure Lupienski did not have a gun.

The wrinkle is that Hull works for the hospital, and as a result his injuries are covered under workers compensation, Faxon said.

"You can't sue your employer," he said.

As of July 13, Hull has received nearly $18,000 in indemnity benefits and $33,000 in medical benefits under workers compensation, according to court records. He has an outstanding civil lawsuit pending against Lupienski in state Superior Court in Danbury.

Meanwhile, Lupienski, who faces criminal charges of first-degree assault, first-degree reckless endangerment, illegal discharge of a firearm and carrying a pistol without a permit, remains institutionalized at the Whiting Forensic Division of the Connectituct Valley Hospital in Middletown.

As of July, hospital officials said  Lupienski is experiencing delusional thinking and not competent to stand trial, requesting an additional 90 days of inpatient treatment for him, according to court records.