This post was contributed by a community member. The views expressed here are the author's own.

Crime & Safety

Judge Absolves Taser International, Police Officer in Lawsuit Over Man's Death

Court dismisses wrongful death claim against Southampton Village, but lets other claims proceed.

In a summary judgment Tuesday, a U.S. District Court magistrate judge ruled that Taser International and retired Southampton Village Police Officer Brian Platt bear no responsibility for the 2004 death of a schizophrenic man.

David Glowczenski, a 35-year-old Southampton Village resident, died after being subdued by police, and his mother and sister sued the Southampton Village Police Department, the village itself, the Suffolk County Police Department and a number of individual village and county police officers, claiming the death was a result of excessive force and the repeated use of a stun gun manufactured by Taser International.

Glowczenski's family called 911 on Feb. 4, 2004, when he walked out of their house screaming incoherently. According to the lawsuit, police found Glowczenski on North Main Street and when they confronted him, he knocked a police officer to the ground. The lawsuit alleges that police proceeded to beat Glowczenski, spray him with mace and use a Taser on him.

Find out what's happening in Southamptonwith free, real-time updates from Patch.

The plaintiffs are seeking $500 million in punitive damages, among other damages and attorneys fees, according to the judge's memorandum.

The medical examiner held that Glowczenski died as a result of "acute exhaustive mania due to schizophrenia" — essentially, that he was scared to death.

Find out what's happening in Southamptonwith free, real-time updates from Patch.

The plaintiffs claim that repeated use of a Taser by Platt — under the direction of a superior officer — killed Glowczenski.

"There is no expert evidence that anything that Platt did or did not do caused Mr. Glowczenski’s death," Magistrate Judge William D. Wall wrote in the decision he handed down Tuesday.

Wall decided that the case cannot move forward against Taser or Platt, and further decided that a wrongful death claim against Southampton Village cannot proceed. However, Wall allowed other claims, such as negligence, to proceed.

Wall stated that he will order that a conference be scheduled with all parties to set a trial date.

Frederick K. Brewington, the attorney for the plaintiffs, said he is evaluating Wall's decision with regard to his clients' right to appeal.

He of Tuesday's court decision, “The strength of the case is not affected and neither is the fact that Mr. Glowczenski was killed.”

We’ve removed the ability to reply as we work to make improvements. Learn more here

The views expressed in this post are the author's own. Want to post on Patch?

To request removal of your name from an arrest report, submit these required items to arrestreports@patch.com.