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Unreasonable Search and Seizure Case against Norwalk Withstands Summary Judgment.

Connecticut Carry

Connecticut Carry

Hartford CT --(Ammoland.com)- Claims of Fourth Amendment violations by four Norwalk police officers have survived the City of Norwalk’s motion for dismissal: A Connecticut Federal District Court has rendered a ruling in favor of the innocent and injured spouse of Duane Doutel from Norwalk, CT.

The City of Norwalk sought to have all charges in the complaint brought by the plaintiff, Barbara Casey Doutel of Norwalk, dismissed on the grounds of summary judgment. The charge that survived this motion was ‘Unreasonable Search and Seizure in Violation of the 4th Amendment’. The search and seizure of Mrs. Doutel’s firearms stemmed from Mr. Doutel’s February 2010 arrest.

When the charges against Mr. Doutel were brought to court, the charges were reduced and then ultimately dismissed entirely after a protracted and costly legal battle that spanned over 18 months and more than a dozen court appearances.

The Norwalk police had called Mr. Doutel prior to arriving at his home under the false pretenses of ‘just wanting to talk to him’. Mr Doutel had replied that they had no need to come to his home unless they had an arrest warrant in hand. Officer Jared Zwickler and fellow officers arrived at the home, ordering Mr. Doutel out of his home and then marching past the handcuffed Mr. Doutel into his home to search for firearms.

Judge Vanessa Bryant has found that material differences exist regarding whether or not police had consent to initiate a search of Mr. Doutel’s home as well as the subsequent seizure of Mr. and Mrs. Doutel’s firearms and other property. Before a jury sees the case, the case must survive settlement negotiations with a Federal Magistrate.

Whether the City of Norwalk will come to their senses and recognize a losing case or not is anyone’s guess at this point. Courts, towns and politicians have certainly shown a gross bias to anything related to firearms since the Newtown massacre; the actions of Norwalk and the Federal Magistrate will be interesting to observe.

Attorney Rachel Baird filed Mrs. Doutel’s complaint in Federal court on July 25, 2011. Mr. Doutel has yet to file his own lawsuit against the City of Norwalk for their role in his arrest.

Contact:
Richard Burgess
President
Connecticut Carry, Inc
Ph: 203-208-9577
Email: rich@connecticutcarry.com
http://ctcarry.com

About Connecticut Carry:
Connecticut Carry is a non-partisan, grassroots, non-profit organization devoted to educating Connecticut to our rights in Connecticut. Visit: www.ctcarry.com

  • 3 User comments to “Doutel v Norwalk Prevails on Claims of 4th Amendment Violations Regarding Illegal Confiscation of Firearms”

    1. Rod Roberts on July 23, 2013 at 11:37 PM said:

      The police have become increasingly militant and their search and seizure procedures seem to be anything they want and they will also turn your home upside down, knock down your door, and leave you with the mess and expense of fixing and repairing your home. Then you have to deal with the legal end of this type of invasion. It seems as these police did not have a warrant for an arrest or search. They’re on the hook here. I hope these people prevail though all the crap, took them 18 months before to wind up with all charges dropped. Seems as though the police resented that and were getting even.

    2. Randy B on July 26, 2013 at 6:18 PM said:

      Papers Please

    3. Johnthelibertaria on August 1, 2013 at 8:11 AM said:

      That’s why we need tort reform, so LOSER pays court costs… when the taxpayers pay enough for the court costs for egregious police behavior, HEADS WILL ROLL

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