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The city has agreed to pay nearly $400,000, according to the terms of the settlement finalized last week.
Gary "Chris" Tyson's family filed a civil lawsuit alleging officers employed excessive force in using a police dog to track and bite Tyson after he was allegedly involved in a fistfight that could have resulted in misdemeanor charges. After the dog was unleashed on him, Tyson allegedly fled a hiding place in bushes along I-95 and ran across the highway into the path of a pickup truck.
Tyson's Sept. 23, 2002, death sparked an outcry from black community leaders and Tyson's family, who blamed police for his death. The high-profile case created a wide divide between those who believed police should have handled the situation differently, and those who argued police were just doing their job in chasing Tyson when he fled.
West Haven Deputy Corporation Counsel Lee Tiernan said if the lawsuit went to trial the dog bite detail of the case would have been hard for the city to defend.
"I don't know what a jury would do with a kid in the brush getting bit by a dog," he said.
Tyson's autopsy revealed 24 puncture wounds on his thigh and buttocks from multiple dog bites.
Tiernan said the decision to settle was made by the insurance company with some input from the city. The city could have decided to go on its own and not settle, but would have had to cover the cost of any amount awarded to the family by a jury.
The city's insurance company has agreed to pay $392,500. However, under Connecticut law, attorneys are allowed to charge $100,000 on the first $300,000 of a settlement. Including fees and costs, Tiernan estimated that the family will get at least $250,000. The city will have to pay a $100,000 deductible before the insurance kicks in.
Reached Friday by phone, Police Chief Ronald M. Quagliani said he had just learned about the details of the settlement.
"Regardless of what the outcome would have been if this case went to trial, we all realize and understand that the Tysons lost a loved one that day," Quagliani said. "Since the police department had already been cleared of wrongdoing, it would serve no useful purpose to relive what happened that day."
The attorney representing the Tyson family in the case, Leon M. Rosenblatt of West Hartford, declined to comment on specifics, except to say: "The case has been resolved and has been withdrawn."
Rosenblatt added that the family is relieved to put the ordeal behind them.
"It would be perverse to say they are pleased with the outcome because they lost their son. They still believe their son was a victim of police brutality," he said.
A state police Major Crime Squad investigation into the incident resulted in no charges being filed against city police.
Attorneys for the police fought a March ruling by U.S. District Court Judge Robert N. Chatigny that denied the city's request for summary judgment, effectively ruling that three police officers must stand trial in the civil rights lawsuit filed by Tyson's family.
Implicated in the case were Officer William Conlan, Sgt. Carl Flemmig and retired Detective Paul Sires, who was the dog's handler.
In his ruling denying summary judgment, Chatigny stated that conflicting police accounts of what happened played a role in his decision to not dismiss the case.
