Conlon family sues five Newton Police officers and City of Newton

NOTE: The complaint and inquest linked from this article contain graphic images and descriptive language regarding the events that led up to and include the shooting.

The family of Michael Conlon, a Newton Highlands resident who was fatally shot by Newton Police officers two years ago, filed a wrongful death civil suit against the five Newton Police officers (Francis Scaltreto, Richard Benes, Sergeant Glenn Chisholm, Captain Dennis Dowling, and Captain Christopher Marzilli) and the City of Newton. On May 17, 2022, more than a year after the fatal shooting, the Middlesex District Attorney’s Office concluded its investigation, adopting the findings of a judicial inquest in which the court did not find that the actions of any of the Newton officers or supervisory responsibilities made them criminally responsible.

The complaint filed on the two-year anniversary of the shooting alleges that Michael Conlon struggled with mental illness and that condition was known to the Newton Police Department, including the named defendants, and to the Police Department Social Worker Sarah Eknaian, who is not named in the suit. The complaint also asserts that the Police Department did not have any specific de-escalation policies at the time of the shooting and that the City and the Newton Police Department lacked adequate protocols to respond to calls involving people with mental illness, and that certain actions by the defendants created an “enhanced danger specific” to Michael Conlon.

The twelve counts enumerated in the complaint include violation of Michael Conlon’s rights under the Fourth Amendment (Excessive Use of Force) and Fourteenth Amendment (Deprivation of Due Process rights and failure to provide mental health treatment), negligent training and supervision, failure to provide accommodation and failure to train under the American Disabilities Act, violation of Section 504 of the Rehabilitation Act, and violations of Massachusetts General Laws and Common Law (due process, excessive use of force, wrongful death, and assault).

In addition, the family is requesting a jury trial and requests the court to fully compensate the estate for its losses to the greatest extent allowed by law; order punitive damages; order payment of interest, costs, and attorneys’ fees; and order further relief as the Court deems fair and just.

Mayor Ruthanne Fuller and Newton Police Chief John Carmichael issued this statement in response to the filing of the suit acknowledging the tragic death and calling for “a lot of healing” for all impacted by the shooting. “Our hearts go out to the Conlon family as well as to our officers and their families.”