MILFORD, MA — The mother of a man killed by a Milford officer in 2020 is suing the department and town, saying officers showed “callous disregard” for her son, who suffered mental illness and was well known by local police.
Milford officer Jeanne Van Patten-Steiger shot Philip Castonguay, 40, twice in the chest on April 5, 2020, near his home along Glines Avenue. VanPatten-Steiger was at Castonguay’s apartment to take him into custody for an involuntary commitment, according to a Worcester County District Attorney’s Office report released in 2021.
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Castonguay’s mother, Viviane Ptak, filed the suit in April, accusing the department of making tactical mistakes and violating its own policies. The suit also highlights that Van Patten-Steiger has a history of disciplinary actions, including a citizen complaint that accused her of acting “out of proportion” to the incident.
“In the moments leading up to his last breaths, Philip laid in his driveway gasping for air while no fewer than five Milford police officers stood by and did nothing as he laid dying on the ground,” the lawsuit says.
According to the lawsuit, Castonguay grew up in Worcester and Grafton, began experiencing mental health problems in high school and was diagnosed with schizophrenia. He also had extreme eyesight impairment and struggled with alcoholism.
Castonguay moved to his Glines Avenue condominium in 2015. That same year, Milford police visited his home 18 times, including two visits where Van Patten-Steiger was present, the suit claims. Castonguay also began having problems with his neighbors that year, leading to Ptak filing a harassment prevention order against one neighbor who called police on Castonguay several times.
“Noises were made outside of his door, dog excrement was left on his back porch, nuts were left on the railing on his back porch as well as a muffin. Upon information and belief, the muffin was left as homosexual innuendo,” the suit says how Castonguay’s neighbors treated him.
A dispute with a neighbor set in motion a police visit that would end in Castonguay’s death, according to the suit.
In the morning on April 5, one of Castonguay’s neighbors accused him of dropping a cement bird bath through the sunroof of his car. The neighbor called police, although the suit says no one witnessed Castonguay commit the vandalism, and there was no video evidence he did it. Van Patten-Steiger responded to take a report, but did not speak to Castonguay about the vandalism.
Hours later, Van Patten-Steiger returned to Glines Avenue after a report from a landlord at a neighboring building that Castonguay had threatened him while holding a pipe. She told the landlord and tenants at the neighboring building that she would take Castonguay into custody under an involuntary commitment.
Moments later, Castonguay emerged from his apartment holding a pull-up bar used for home exercise. Van Patten-Steiger shined a flashlight on him, according to the lawsuit, which caused him to put his hands above his head while still walking toward the officer. Van Patten-Steiger said she thought he was holding a “pistol grip,” but other witnesses said a pipe was visible in his hands.
“According to eyewitnesses’ statements, when Philip was approximately four to six feet way from [Van Patten-Steiger] she drew her firearm without ever telling him that she was about to or would use deadly force, without attempting to disarm him in any other manner, without identifying herself as an officer of the law, and shot Philip twice. Philip instantly collapsed in the middle of his driveway,” the lawsuit says.
The lawsuit contradicts the Worcester DA’s investigation, which said a witness said Van Patten-Steiger shouted “show me your hands” twice.
The lawsuit accuses Milford police of failing to properly train police — including giving first aid following the use of force — and failing to properly document use of force. The suit says Patten-Steiger was the subject of a 2011 lawsuit after she pepper-sprayed a 60-year-old woman, although the department did not document that use of force internally. The suit also accuses the town and department of failing to have a policy about how to deal with mentally ill people.
The suit says Van Patten-Steiger has been reprimanded 33 times for dereliction of duty or insubordination, including skipping trainings or leaving early and filing reports late. Four of the complaints were filed by citizens, according to the lawsuit, including two accusing Van Patten-Steiger of acting discourteously.
Ptak’s attorneys, Auburn-based Advocates Legal Group, notified the town in April 2022 that she was planning to file a claim against the town. But the town never responded, the suit says.
Milford had not filed a response to Ptak’s lawsuit as of this week.
Read the full lawsuit here:
Philip Castonguay Lawsuit by Neal McNamara on Scribd