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Brudney v. Ematrudo

United States District Court for the District of Connecticut

414 F.Supp. 1187 (1976)

Torts
Relevant factsFree

During a violent Yale anti-war demonstration, Officer Ematrudo (defendant) used a blackjack to subdue a demonstrator attacking a fellow officer, only after an unheeded verbal warning; the blackjack grazed bystander Brudney (plaintiff) in the head, causing mild injury, before reaching its intended target, and Ematrudo stopped once the attacked officer was freed. Brudney sued for assault and battery.

IssueFree

Whether a person inadvertently injured by a police officer's use of reasonably necessary force against a third party may recover for assault and battery.

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