A Connecticut Superior Court judge has denied motions for summary judgment filed by the City of New Haven and three police officers in a wrongful death lawsuit brought by the estate of New Haven firefighter William J. McMillian, allowing the case to proceed to trial. In a November 2, 2026 decision, the Court found "overwhelming evidence" from which a jury could conclude that responding officers disregarded mandatory duties to take McMillian into custody and seize his firearms following a domestic dispute on May 6, 2021.
The ruling centers on the events of that morning, when McMillian's former girlfriend called 911 just days after their relationship ended to report a domestic dispute. She told responding New Haven police officers that McMillian was intoxicated, behaving erratically, and had access to multiple firearms. Although one responding officer wanted to take McMillian into custody, a supervising sergeant instructed the officer to issue a misdemeanor summons instead. McMillian was not taken into custody, and the officers failed to check for or seize his firearms. He died by suicide with one of those firearms just hours later.
The estate's expert psychiatrist is expected to testify at trial that taking McMillian into custody would have allowed for a cooling down of the acute psychiatric condition that led to the suicide. Beyond the officers' failure to comply with mandatory requirements, another critical issue is the disappearance of a Lethality Assessment Protocol (LAP) form completed by police documenting McMillian's acute psychiatric condition and access to firearms. The Court ruled that a jury could infer the form was deliberately concealed or destroyed to hide evidence of negligence.
The decision carries broader implications for police accountability in New Haven. It follows a $38 million federal jury verdict in Morant v. City of New Haven, where the City was found liable for a practice of suppressing evidence favorable to criminal defendants, and former detectives were found liable for fabricating evidence and coercing witnesses. Both cases raise serious concerns about police accountability and the handling of critical evidence, potentially increasing scrutiny of departmental practices and exposing the City to further liability.
Attorneys Bert McDowell Jr. of Bert McDowell Injury Law and Ron Etemi of Etemi Law represent the McMillian estate. Additional information about the legal team is available at www.EtemiLaw.com. The estate's negligence and recklessness claims will now proceed to a jury trial scheduled for May 2027.
If you or someone you know is struggling, call or text 988 to reach the Suicide & Crisis Lifeline.
