## Facts

- Anthony DiMartino was outside the Shrine Nightclub at Foxwoods Resort Casino with his brother.
- DiMartino’s brother had been removed from the nightclub for intoxication.
- Outside the club, the brother became belligerent and argued with Connecticut State Trooper Jason Deojay.
- When Trooper Deojay began arresting the brother, DiMartino stepped between the trooper and his brother to intervene.
- Gary Coates, a Mashantucket Pequot Tribal Nation police officer, was nearby watching the situation.
- Coates quickly grabbed DiMartino and used a maneuver that was not taught during his formal officer training to take DiMartino to the ground; the encounter occurred in less than four seconds.
- Surveillance video captured the incident and showed other patrons exiting the nightclub in close proximity to the confrontation.
- DiMartino claimed he was injured and contended the takedown used unnecessary force.
- DiMartino offered testimony (including use-of-force testimony) that the incident should be viewed as two acts: an initially justified grab, followed by a separate act of throwing him to the ground that was unreasonable.
- Coates and defense testimony characterized the takedown as a single continuous action in which Coates pulled DiMartino away from the trooper and the motion’s momentum carried them to the ground.
- DiMartino sued Coates for negligence and sued the Mashantucket Pequot Tribal Nation under respondeat superior.
- DiMartino did not assert constitutional or civil-rights claims and did not raise a claim under the Mashantucket Pequot Civil Rights Code.

## Issues

1. Whether Officer Coates breached a duty of reasonable care (negligence) in the amount and manner of force used to remove DiMartino from the arrest scene.
2. Whether the takedown should be analyzed as a single continuous maneuver or as separable acts when assessing breach.
3. Whether the Mashantucket Pequot Tribal Nation could be held vicariously liable under respondeat superior if Coates committed negligence within the scope of his employment.

## Decision

- The tribal court treated the case as a tort negligence action rather than a constitutional excessive-force case.
- Considering the rapidly developing arrest situation and the nearby presence of other patrons shown on video, the court concluded Coates did not breach the applicable standard of care.
- The court credited the defense characterization of the encounter as a single continuous control maneuver rather than two independent uses of force.
- Because DiMartino failed to prove negligence by Coates, the court entered judgment for Coates.
- The court also entered judgment for the Mashantucket Pequot Tribal Nation because respondeat superior required an underlying tort by the officer.

## Legal Principles

- Negligence requires proof of duty, breach, causation, and damages; in a police-control encounter, breach turns on whether the officer’s conduct was reasonable under the circumstances confronted at the time.
- In evaluating reasonableness where force is used, a court may consider the speed of events, the need to control interference with an arrest, and risks to bystanders.
- How the factfinder characterizes the officer’s conduct (one continuous maneuver versus separate applications of force) can affect the breach analysis.
- Video evidence, officer testimony, and use-of-force testimony may be used to assess what occurred and whether the conduct fell below the standard of care.
- Respondeat superior makes an employer liable for an employee’s tort committed within the scope of employment, but it is derivative and fails if no underlying tort is proven.
- Where a plaintiff pleads negligence only and does not raise civil-rights claims, the court resolves the dispute under tort standards rather than constitutional excessive-force doctrine.

## Conclusion

In this Mashantucket Pequot Tribal Court action arising from a brief takedown outside a Foxwoods nightclub during an arrest, the court analyzed the officer’s conduct under negligence principles, treated the takedown as a single continuous maneuver in a fast-moving situation with nearby patrons, found no breach of the standard of care, and therefore entered judgment for the officer and the Mashantucket Pequot Tribal Nation on the derivative respondeat superior claim.


DiMartino v. Mashantucket Pequot Tribal Nation, No. MPTC-CV-PI-2014-174 (2017)