Family Sues Over Fatal Newton Police Shooting

NEWTON, MA — The family of a 28-year-old man shot and killed by police in 2021 is suing Newton and five city police officers over the shooting, federal court records show.

Michael Conlon's parents filed their lawsuit in federal court Thursday, exactly two years after Newton police officers shot Conlon, who suffered from mental illness.

The lawsuit alleges "a cascade of actions and omissions" that led to Conlon’s death, including a failure to use various de-escalation tactics.

“Michael is dead because the Defendants refused to employ any of the most basic concepts of de-escalation,” the complaint said.

Newton Mayor Ruthanne Fuller acknowledged the lawsuit and the two-year anniversary of Conlon’s death in a statement Thursday.

“[W]e know the death of anyone in such circumstances is tragic, and there is a lot of healing that must take place for all of those impacted by this incident,” she said. “Our hearts go out to the Conlon family as well as to our officers and their families.”

Officers responded on Jan. 5, 2021 to Indulge!, a candy store in the Newton Highlands area, after reports of a man armed with a knife, according to a statement from the Middlesex District Attorney’s Office last year announcing the findings of an investigation into the shooting.

District Attorney Marian Ryan said Conlon, who lived in a second-floor apartment above Indulge!, moved from an area outside the candy store to the third floor of the building after Newton police officers and State Police troopers arrived. While speaking to police in a hallway, he placed the knife on the ground, according to the DA. Police tried to use less-lethal force on Conlon, the DA said, but that attempt failed. Conlon then picked the knife up and charged toward officers, according to the DA, and then police opened fire. Conlon died later at Newton-Wellesley Hospital.

The complaint filed in court last week also detailed the events of Jan. 5, describing moments between the time when police arrived on scene and when officers shot Conlon.

The complaint said there were "clear indications" that Conlon — who had been diagnosed with major depression, bipolar disorder, and schizoaffective disorder — was experiencing a mental crisis.

The complaint continued, saying police opted to use a bean bag shotgun at a “moment of relative calm” after Conlon dropped the knife. The Conlon family said in their complaint that the bean bag shotgun then misfired due to operator error.

The complaint said police knew of Conlon’s mental health challenges before this incident, and that police captains knew that there was a police social worker waiting outside as well as regional responders on route who were trained in de-escalation and negotiation techniques with mentally ill and suicidal people.

The complaint argued that the scene around Conlon grew chaotic, saying that there were "so many officers at different locations that officers at the scene were not aware of which officer was the scene commander as the events unfolded."

“[I]nstead of choosing from a wide range of other reasonable responses to an evolving situation involving a mentally ill subject in distress,” the complaint said, “the Defendants rushed into a reckless course of action that violated common sense, their own Department’s regulations and training, and Michael’s legal rights as a citizen of the United States and a Massachusetts resident.”

The complaint also said the training and protocols that Newton had in place didn't go far enough, alleging that Newton and the Newton Police Department had a duty to provide more training and supervision on situations involving people experiencing mental health emergencies.

An investigation into the fatal shooting ended last year when a judge found no criminal responsibility for the officers. Fuller noted the investigation in her statement last week, calling it a “fair, impartial and transparent inquest.”

“As part of the ongoing healing process, it is important to understand that critical life or death situations such as this occur in a split second,” Fuller said.

“Lethal force decisions are what every police officer prays they will never be forced to make and trains to avoid,” Fuller continued. “The primary officers that were on scene that day were and are fine members of the department – professional and compassionate."

Ryan announced last year that she had adopted the findings of the investigation following Conlon’s death and filed a certificate of no prosecution in the case.

Conlon’s family's federal lawsuit now lays out 12 counts alleging wrongdoing including excessive use of force, negligent training and supervision and violations of Conlon’s Fourteenth Amendment right to due process, among other things. The family has requested a jury trial.

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