Legal Opinion · Dissent

Hull v. Town of Newtown

Supreme Court of Connecticut

Decided December 26, 2017No. SC19656Published

1DissentEveleigh, J.

I respectfully disagree with the majority conclusion that the arrest policy of the Newtown Police Department (department) "applies solely to the criminal context and therefore does not apply when the police take a person into custody pursuant to [General Statutes] § 17a-503 (a)." See Newtown Board of Police Commissioners, Newtown Police Policy and Procedure 3.00 (revised February 1, 2005) (Policy Manual). Instead, I would conclude that the plain meaning of the word "[a]rrest," which is defined in the policy as "[t]aking a person into custody," creates a ministerial duty requiring the police…

2Cases cited18 opinions

  1. Abel v. United StatesSupreme Court of the United States · 1960
  2. Payne v. JonesCourt of Appeals for the Second Circuit · 2013
  3. Schwartz v. Planning & Zoning CommissionSupreme Court of Connecticut · 1988
  4. Violano v. FernandezSupreme Court of Connecticut · 2006
  5. Smith v. Zoning Board of Appeals of the Town of GreenwichSupreme Court of Connecticut · 1993

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