Brookfield woman has filed a federal lawsuit against Brookfield Township, Brookfield Police Department and Sgt. Cody Dean over a November incident at the police station, where she was being booked for drunken driving.
Dean shoved Jennifer Miller, she tripped over her feet and her head hit the ground, according to Dean’s report.
Miller claims the defendants violated her civil rights by using excessive force and performing an unreasonable search. They also violated state law by assaulting her, the suit says.
“During the booking process, the officer, without lawful justification, shoved Miller to the ground in a martial arts style throw, knocking her unconscious,” the suit says.
Miller, “a relatively diminutive woman, unarmed and not behaving aggressively, posed no threat to Officer Dean,” the suit said.
Miller “suffered substantial physical pain, loss of daily function, mental anguish, emotional distress, injury to reputation, and incurred substantial costs, including legal fees and medical treatment and fees,” the suit said. “Some or all of these injuries may prove permanent.”
The township “failed adequately to train or supervise its officers regarding proper arrest procedures and the use of physical force,” the suit said. “The township also failed to institute adequate policies and procedures concerning the same.”
Dean, the township and the police department filed an answer to the suit Aug. 13 denying the allegations.
Miller, 45, of 5667 Warren Sharon Road, is seeking compensatory damages of more than $1 million, punitive damages, attorneys’ fees and costs and other “equitable relief,” such as a change in department policy.
Dean explained his actions in his report. He said he was escorting Miller from the police cruiser into the police garage and had a “loose grip” on her arm “as is typical with all prisoners.”
“Miller began swinging her arm away from me so that I could not escort her properly,” Dean said. “Because of this I had to grab hold of her arm with a more firm grip so that she could not attempt to flee while walking from the cruiser to the door.”
Once in the booking area, Dean removed the handcuffs from Miller and told her to go into the holding cell.
“She refused and began to turn towards me so I grabbed hold of her right arm with my right hand,” Dean said. “I felt a pain in the base of my right thumb as it got jammed inwards from the way Miller moved while I was holding her arm.”
Dean told Miller to enter the cell “and she tried to back up towards the hallway door away from the cell,” he said.
Dean was holding a set of handcuffs, and keys for the handcuffs and the cell in his left hand, he said. “Not wanting to drop any of them which would allow her to potentially grab them, I had no option but to shove her with my right hand on her arm towards the cell door.”
Miller “tripped over her feet and fell to the ground,” Dean said. “She did hit her head on the ground so I immediately secured the items in my hand and went into the cell to check on her.”
Dean said he called Brookfield Fire-EMS and asked them “to respond quickly because she hit her head.”
Miller said her head hurt but refused Dean’s offer to help her up, Dean said. He said he told her to lay still but she refused, he said.
“Miller was clearly well enough to get up on her own so the cell door was shut so I could let EMS into the building,” Dean said.
Brookfield medical technicians cleared her and she refused transport to a hospital, Dean said. She told him she wanted to go home, and she was driven home by another policeman, Dean said.
Miller pleaded guilty to drunken driving in March.
A complaint against Dean was filed with the police department and was investigated under the supervision of former Police Chief Dan Faustino, said Police Chief Aaron Kasiewicz.
Dean did not intend to harm Miller, Kasiewicz said, and the investigation showed he did not violate state law or department policy.
Miller “did not dispute the findings” when they were presented to her, Kasiewicz said.
Kasiewicz called the incident a “terrible accident” and said internal changes have been made “with regard to prisoner handling.”
Kasiewicz briefed the township trustees in an executive session July 17, and the trustees agreed that any comments on the lawsuit would come from Kasiewicz, said Trustee Dan Suttles.
“We’re not taking any action,” Suttles said. “There’s no need for us to take any action.”
Dean also is named in a federal wrongful death suit filed by the estate of Fred Wild, who was shot to death by police March 21, 2023, at a property in the 1400 block of Route 7 in Brookfield. Dean was one of five policemen who fired. He has denied the allegations in the wrongful death suit, and Trumbull County Prosecutor Dennis Watkins has announced that none of the policemen will be charged with crimes.
