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Wiseman v. Armstrong
State: Connecticut
Court: Supreme Court
Docket No: SC18152
Case Date: 03/09/2010
Preview:****************************************************** The ``officially released'' date that appears near the beginning of each opinion is the date the opinion will be published in the Connecticut Law Journal or the date it was released as a slip opinion. The operative date for the beginning of all time periods for filing postopinion motions and petitions for certification is the ``officially released'' date appearing in the opinion. In no event will any such motions be accepted before the ``officially released'' date. All opinions are subject to modification and technical correction prior to official publication in the Connecticut Reports and Connecticut Appellate Reports. In the event of discrepancies between the electronic version of an opinion and the print version appearing in the Connecticut Law Journal and subsequently in the Connecticut Reports or Connecticut Appellate Reports, the latest print version is to be considered authoritative. The syllabus and procedural history accompanying the opinion as it appears on the Commission on Official Legal Publications Electronic Bulletin Board Service and in the Connecticut Law Journal and bound volumes of official reports are copyrighted by the Secretary of the State, State of Connecticut, and may not be reproduced and distributed without the express written permission of the Commission on Official Legal Publications, Judicial Branch, State of Connecticut. ******************************************************

ELAINE WISEMAN, ADMINISTRATRIX (ESTATE OF BRYANT WISEMAN) v. JOHN J. ARMSTRONG ET AL. (SC 18152)
Rogers, C. J., and Norcott, Katz, Palmer, Vertefeuille, Zarella and McLachlan, Js. Argued September 8, 2009--officially released March 9, 2010

Antonio Ponvert III, for the appellant (plaintiff). Terrence M. O'Neill, assistant attorney general, with whom was Ann E. Lynch, assistant attorney general, and, on the brief, Richard Blumenthal, attorney general, and Henri Alexandre, assistant attorney general, for the appellees (named defendant et al.).

Opinion

VERTEFEUILLE, J. The plaintiff, Elaine Wiseman, in her capacity as administratrix of the estate of her deceased son, Bryant Wiseman (decedent), appeals1 from the judgment of the trial court rendered in favor of the named defendant, John J. Armstrong, in his capacity as the commissioner of correction, and others2 in her action for the wrongful death of the decedent while he was incarcerated at Garner correctional institution in Newtown. The plaintiff alleged that the decedent's death resulted from the defendants' alleged indifference to the decedent's serious medical and mental health needs and the use of excessive force. The plaintiff alleged that the decedent, who was mentally ill, died after being forcefully subdued and restrained by the defendants after he had become disruptive due to a lack of antipsychotic medication. The case was tried to a jury, which returned a verdict for the defendants, and the trial court accepted the verdict. Thereafter, pursuant to Practice Book
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