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 concerning New Haven firefighter William J. McMillian, permitting the case to go 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 events that began when McMillian's former girlfriend called 911 just days after their relationship ended. 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. Tragically, McMillian 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 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 public scrutiny of law enforcement practices and heightening legal exposure for municipalities.
Attorneys Bert McDowell Jr. of Bert McDowell Injury Law and Ron Etemi of Etemi Law represent the McMillian estate, whose negligence and recklessness claims will now proceed to a jury trial. A jury trial is scheduled for May 2027.
For readers, the ruling underscores the importance of mandatory police protocols in domestic disputes involving firearms and mental health crises. It also highlights the consequences of evidence handling, as the missing LAP form could weigh heavily on the jury's assessment of accountability. The case may influence how law enforcement agencies train officers to assess lethality risks and document critical information, while reinforcing the potential for civil liability when mandatory duties are ignored.
If you or someone you know is struggling, call or text 988 to reach the Suicide & Crisis Lifeline.
