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, clearing the way for a jury trial. The case, brought by the estate of New Haven firefighter William J. McMillian, alleges negligence and recklessness by officers who responded to a domestic dispute on May 6, 2021, but failed to take McMillian into custody or seize his firearms before he died by suicide hours later.
In a November 2, 2026 decision, the court found “overwhelming evidence” from which a jury could conclude that the responding officers disregarded mandatory duties. According to the source material, McMillian’s former girlfriend called 911 just days after their relationship ended and told 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.
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. Another critical issue in the case 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.
This ruling 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.
Attorneys Bert McDowell Jr. of Bert McDowell Injury Law and Ron Etemi of Etemi Law represent the McMillian estate. The negligence and recklessness claims will now proceed to a jury trial scheduled for May 2027. The case highlights the potential consequences for law enforcement agencies that fail to follow mandatory protocols in domestic disputes involving firearms and mental health crises. For more information about the legal team, visit www.EtemiLaw.com.
