Torrington v. Council 4, AFSCME, AFL-CIO, Local 442
232 Conn. App. 45
Conn. App. Ct.2025Background
- A police sergeant, Peters, was terminated by the City of Torrington after using pepper spray on an arrestee during booking, despite subsequent findings that his force caused no injuries and no crime was committed.
- Peters was reinstated by an arbitration panel which found his use of force was objectively reasonable and in line with department policies.
- The City filed to vacate the arbitration award in Superior Court, arguing that the panel applied a subjective rather than the required objective standard for use of force, and that reinstatement violated public policy.
- The Superior Court vacated the arbitration award, finding manifest disregard for the law and a violation of public policy, and ordered a rehearing before a new arbitration panel.
- Defendants (union and Peters) appealed to the appellate court, arguing the trial court erred on both manifest disregard and public policy grounds.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did the arbitration panel manifestly disregard the law? | Panel used subjective perspective, not the objective Graham v. Connor standard, to assess use of force. | Panel applied the correct objective standard and aligned with department policies. | Court found the panel properly applied the objective standard; no manifest disregard occurred. |
| Did the award violate public policy against excessive force? | Reinstating Peters after excessive force violated clear public policy and required termination. | Use of force was found objectively reasonable, and no clear authority mandates termination for such conduct. | Court held reinstatement did not violate public policy given the panel’s finding of reasonable force. |
| Remedy: Should rehearing be before new panel? | New panel needed because prior panel exceeded its authority. | Not reached due to resolution in defendants' favor on primary issues. | Not addressed, as the appellate court reversed on manifest disregard and public policy grounds. |
Key Cases Cited
- Graham v. Connor, 490 U.S. 386 (U.S. 1989) (establishes objective reasonableness standard for police use of force under Fourth Amendment)
- Burr Road Operating Co. II, LLC v. New England Health Care Employees Union, District 1199, 316 Conn. 618 (Conn. 2015) (sets out four-factor test for when public policy requires employee termination following arbitration)
- Garrity v. McCaskey, 223 Conn. 1 (Conn. 1992) (adopts manifest disregard of law test for arbitration awards)
- Norwalk Police Union, Local 1727, Council 15, AFSCME, AFL-CIO v. Norwalk, 324 Conn. 618 (Conn. 2017) (limits scope of judicial review on unrestricted arbitration submissions)