West Hartford Settles Suit Over Deaf Child Who Was Tased

WEST HARTFORD, CT — A nearly nine-year legal battle between the town and the parents of a deaf child tased with a stun gun in 2013 by local police ended last week with an approved settlement.

On Thursday, the West Hartford Town Council unanimously voted to settle the matter with the plaintiffs, who are the parents of the 12-year-old boy tased on the grounds of the American School for the Deaf in West Hartford. The settlement was for $250,000.

It all stems from an incident in April 2013 in which a 12-year-old pupil became involved in an altercation with school staffers, who then called the police.

When police arrived, the boy had allegedly assaulted staff members and was threatening both school staffers and police with rocks and a stick.

The boy, in addition to being deaf, had attention deficit/hyperactivity disorder and, reportedly, stood 5-feet-6-inches tall and weighed 140 pounds.

In order to get the boy under control, an officer with the West Hartford Police Department — Paul Paul Gionfriddo, who has since retired — used a taser weapon to subdue the boy, according to court documents.

That led to a federal lawsuit by the boys parents, Audley and Judith Muschette of the Bronx, N.Y., against the school, the Town of West Hartford and Gionfriddo specifically.

The suit sought unspecified damages for excessive force against the 12-year-old.

Ultimately, a federal court ruled against Gionfriddo's motion to dismiss the case, but in 2018, a federal appeals court ruled in favor of Gionfriddo.

That, however, did not dismiss the plaintiff's suit in state court against the officer and the Town of West Hartford.

That, ultimately, ended July 14 with the West Hartford Town Council, after an 18-minute executive session, voting unanimously to add the settlement to the agenda of the meeting and then, unanimously, approving the settlement.

Terms of the settlement were not disclosed at the meeting, but town officials confirmed the amount Tuesday evening.

During the executive session, council members met with West Hartford Corporation Counsel Dallas Dodge, who recommended the town agree to the settlement and end the legal battle.

"This settlement resolves a longstanding case that was brought against the town in 2013 in U.S. federal court," Dodge said, adding once it was thrown out in federal court, legal action against the town was brought to state court.

"This settlement doesn't represent an admission of fault and liability with the town," he said.

ASD officials said Tuesday they were cleared when the a federal court ruled in their favor in 2017.

"The safety and well-being of our students is always our highest priority and we do not have any other comment in regard to this case," ASD Director of Institutional Advancement Elizabeth DeRosa said in a statement Tuesday.

For specific details regarding the lawsuit, click on this link.

To watch the July 14 West Hartford Town Council meeting, click on this link.

To read the minutes of the July 14 West Hartford Town Council meeting, click on this link.

From 2013: "Lawsuit: 12-Year-Old American School for the Deaf Student Tasered by West Hartford Police"