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An unarmed man shot several times by a New London police officer filed an excessive-force lawsuit.

Curtis Cunningham now uses a wheelchair because of a spinal injury sustained in the incident. He was shot by Officer Thomas Northup, who believed Cunningham was reaching for a weapon in his waistband. The officer’s lawyer said his client did nothing wrong, but that the city and its insurance carrier ultimately decided to settle. The defense attorney noted that his client was initially fired by New London’s mayor, a decision later overturned by an arbitrator who deemed the termination to be legally deficient. On Aug. 24, 2011, Cunningham, later found to have the drug PCP in his system, left his girlfriend’s residence after an argument and came across an ice truck with the keys in the ignition and nobody inside the vehicle. Officer Northup responded to the reported theft, saw Cunningham in the vehicle and told him to stop. But Cunningham drove off; he soon lost control and tipped over onto the passenger side. Northup approached the front windshield. By this time a Groton police officer was also present, as was another New London officer. They said Cunningham reached underneath his sweatshirt to his waistband, and that the officer repeatedly screamed at him, “Show your hands, show your hands.” When it appeared Cunningham was drawing a gun from the waistband, Northup shot him four times. Cunningham, who was 27, was later arrested and pleaded guilty to stealing the ice truck and served three months in prison. His attorney said Cunningham paid his debt to society for the truck theft, but that he did not deserve to get shot. The attorney said Cunningham, who recovered from his gunshot wounds, wasn’t reaching for a gun, but was “simply trying to get out of the truck.”

The Cunningham’s attorney later filed both an excessive-force claim and a Monell claim against New London, arguing that Northup was not fit to be a police officer. Judgments and negotiations would return a $2 million pre-trial settlement as compensation for Cunningham’s injuries.

At Maya Murphy, P.C., our personal injury attorneys are dedicated to achieving the best results for individuals and their family members and loved ones whose daily lives have been disrupted by injury, whether caused by a motor vehicle or pedestrian accident, a slip and fall, medical malpractice, a defective product, or otherwise. Our attorneys are not afraid to aggressively pursue and litigate cases and have extensive experience litigating personal injury matters in both state and federal courts, and always with regard to the unique circumstances of our client and the injury he or she has sustained. 

Please contact Joseph C. Maya, Esq., at 203-221-3100, or at JMaya@mayalaw.com, to schedule a free consultation.

Source: Jeff Forte, Top Connecticut Verdicts & Settlements of 2015, CONN. LAW TRBN. at 8 (July 2016) discussing Curtis Cunningham v. Thomas Northup and the City of New London