A trial date has been set for the civil lawsuit against former New Castle County Police Department (NCCPD) officer Michael Carnevale, according to a February 24 scheduling order.
The lawsuit alleges Carnevale violated Jaelyn Bishop’s civil rights during an incident on August 30, 2021, when he used “force beyond what was reasonable and necessary to restore discipline or to accomplish any other governmental purpose,” and seeks damages for excessive force, assault, battery, and intentional infliction of emotional distress.
Carnevale pled guilty to criminal charges of offensive touching and was sentenced to one year of probation in 2022.
Following the guilty plea, the NCCPD released security footage of the incident that shows Carnevale dragging Bishop, then 16, down a hallway corridor by her hair and arm before another officer helps Carnevale force her into a holding cell.
A second security video shows Carnevale removing her from the holding cell by dragging her along the floor by the chain of her handcuffs.
Various court documents said Bishop was “extremely upset and could fairly be described as out-of-control,” and that she had lost her footing and had fallen on the floor.
“Bishop feared what Carnevale would do to her, so while on the floor, she tried to stop Carnevale from dragging her by planting her feet, grabbing the wall, then planting her feet in the doorway of the detention room.”
During a deposition, Carnevale claimed that he was following “regulations,” and said officers are “not supposed to have females and males and juveniles all out at the same time,” and that he “needed to secure Bishop as quickly as possible.”
Carnevale did not mention that Bishop resisted or detail his actions in the subsequent incident report. Instead, an officer who was present reported Carnevale for use of force, and investigations were launched by the Division of Police Criminal Investigations Unit, the Department of Justice, and the Division of Police Professional Standards Unit.
He was placed on administrative leave and retired from the NCCPD in October 2021 before he was indicted on charges relating to the use of excessive force, including offensive touching. The charges of official misconduct and falsifying business records were dismissed.
NCCPD issued a statement condemning Carnevale’s actions, saying that they were “not within the policies and procedures of the New Castle County Police and do not reflect the values and standards of the Division.”
Representatives for Carnevale declined to comment, and representatives for Bishop did not respond to a request for comment.
The three-day jury trial is set to begin on July 27 in Wilmington.