Dobie v. City of New Haven, 346 Conn. 487 (2023)
Connecticut Supreme Court decision affirming the Appellate Court’s ruling in Dobie v. City of New Haven, 204 Conn. App. 583 (2021) directing the entry of judgment in favor of the City, finding that the alleged negligent act of City’s snowplow operator in knocking off a manhole cover while plowing moments before the plaintiff drove into the manhole constituted a “highway defect,” thereby making Connecticut General Statutes § 13a-149, the Highway Defect Statute, the plaintiff’s exclusive remedy for injuries alleged.
Download full case here – Dobie v. City of New Haven, 346 Conn. 487 (2023)
Download full case here – Dobie v. City of New Haven, 204 Conn. App. 583 (2021)
Larson v. Town of Sherman, No. DBDCV-196030046, 2023 WL 370964 (Conn. Super. Ct. Jan. 19, 2023)
Administrative appeal decision affirming the town’s termination of its fire marshal after a hearing in accordance with Conn. Gen. Stat. § 29-299.
Download full case here – Larson v. Town of Sherman
McKinney v. City of Middletown, 49 F.4th 730 (2d Cir. 2022)
U.S. Court of Appeals decision affirming summary judgment in favor of the defendants, finding that the defendant officers were entitled to qualified immunity on the basis that their incremental and combined use of a baton, a canine, and a taser, to subdue him while transferring him from holding cell to padded cell did not violate clearly established law in light of his active resistance, and that the defendant officers’ continued use of force after the plaintiff ceased actively resisting but before he was fully secured did not the Fourth Amendment.
Download full case here – McKinney v. City of Middletown
Doe v. City of New Haven, 214 Conn. App. 553 (2022)
Connecticut Appellate Court decision affirming summary judgment in favor of the defendants pursuant to their defense of governmental immunity as to the plaintiff’s negligence claims related to his sexual abuse by his former theatre teacher.
Download full case here – Doe v. City of New Haven
Kyzer v. Borough of Naugatuck, No. 3:19-cv-1511 (JBA), 2022 WL 2802349 (D. Conn. 2022)
United States District Court decision granting defendant municipality and police officers’ motion for summary judgment as to plaintiff’s Fourteenth Amendment claim on the basis transfer of plaintiff’s decedent’s dog by police officer to third-party without proper documentation did not violate clearly established due process right, entitling defendants to qualified immunity.
Download full case here – Kyzer v. Borough of Naugatuck
Callahan v. Human Resources City of New Haven, No. 3:20-cv-1881, 2022 WL 445819 (D. Conn. 2022)
United States District Court decision granting motion to dismiss free speech retaliation claims brought by former employee who alleged that she was fired and not rehired to other positions because of her protected speech in violation of the First Amendment and Conn. Gen. Stat. § 31-51q.
Download full case here – Callahan v. Human Resources City of New Haven
Haraj-Sai v. Cooke, No. CV21-6119318-S, 2022 WL 2951912 (Conn. Super. Ct. July 26, 2022)
Connecticut Superior Court decision granting motion strike intentional infliction of emotional distress claim brought against superintendent of schools for allowing a student to return to school after making death threats against the plaintiff.
Download full case here – Haraj-Sai v. Cooke
Kelley v. City of Danbury, No. CV18-6051612-S, 2021 WL 5919784 (Conn. Super. Ct., Complex Litigation Docket at Waterbury, Dec. 3, 2021)
Connecticut Superior Court decision denying co-defendant general contractor’s motion to strike city’s counterclaim for indemnification, finding city adequately alleged an independent relationship between it and the general contractor sufficient to overcome the exclusivity bar of the Workers’ Compensation Act.
Download full case here – Kelley v. City of Danbury
Phillips v. Town of Hebron, 201 Conn. App. 810 (Conn. App. 2020)
Connecticut Appellate Court decision affirming motion to dismiss in favor of town as to state law discrimination and negligence claims alleging that the district failed to comply with the terms of the minor plaintiff’s individualized education plan on the ground that the plaintiff failed to exhaust his administrative remedies.
Download full case here – Phillips v. Town of Hebron
Gerrish v. Hammick, 198 Conn. App. 816, 234 A.3d 1095 (2020)
Connecticut Appellate Court decision affirming trial court’s decision to grant defendant police lieutenant’s motion for reargument as to motion for summary judgment and granting motion as to plaintiff’s claims for defamation and tortious interference on the basis the defendant’s defamatory statement was substantially true.
Download full case here – Gerrish v. Hammick
Borelli v. Renaldi, 376 Conn. 1, 243 A.3d 1084 (Conn. 2020)
Connecticut Supreme Court decision affirming trial court’s granting of summary judgment in favor of defendant officers and town as to plaintiff’s wrongful death action arising out of high-speed chase of fleeing motorist on basis duties imposed upon police officers by state statute and town’s pursuit policy involved discretionary decisions subject to governmental immunity, an issue of first impression.
Download full case here – Borelli v. Renaldi
Fisk v. Town of Redding, 337 Conn. 361 (2020)
Connecticut Supreme Court decision reversing the Appellate Court and affirming judgment in favor of the Town on a claim of absolute public nuisance, concluding that a finding that a condition may be inherently dangerous is not inconsistent with a corresponding finding that the Town’s use of the land was, nevertheless, reasonable under the totality of the surrounding circumstances presented given the precautionary measures taken by the Town.
Download full case here – Fisk v. Town of Redding
Barbabosa v. Bd. of Educ. of Town of Manchester, 189 Conn. App. 427 (App. Ct. 2019)
Connecticut Appellate Court decision affirming summary judgment in favor of the board of education on employment disability discrimination claim on the grounds that attendance was an essential function of the plaintiff’s position as a paraprofessional and that plaintiff’s request for intermittent extended leave was not a reasonable accommodation because it eliminated that essential function
Download full case here – Barbabosa v. Bd. of Educ. of Town of Manchester
Villages, LLC v. Longhi, 187 Conn. App. 132, 201 A.3d 1098 (2019)
Connecticut Appellate Court decision affirming trial court’s granting of summary judgment in favor of defendant planning and zoning commissioner, holding defendant was not in privity with commission and did not have full and fair opportunity to litigate issues in plaintiff’s prior action brought against commission and, thus, defendant was not collaterally estopped from disputing liability and defendant was not liable for tortious interference with business expectancy or fraudulent misrepresentation.
Download full case here – Villages, LLC v. Longhi
Rodriguez v. Prentiss, CV17-6011483-S, 2019 WL 670079 (Conn. Super. Ct., Jan. 24, 2019).
Connecticut Superior Court decision granting summary judgment in favor of town defendants including high school gym teacher as to plaintiff student’s claims based upon alleged injury sustained when struck by another student with badminton racquet, while playing doubles badminton in gym class
Download full case here – Rodriguez v. Prentiss
Babij v. Connole, No CV14-6011005-S, 2019 WL 645067 (Conn. Super. Ct., Jan. 14, 2019)
Connecticut Superior Court decision entering judgment in favor of town following a four-day courtside trial on plaintiff’s claims of nuisance, trespass, and for injunctive relief, based upon allegations town plowing of snow into pile at end of a road resulted in water runoff and flooding to plaintiff’s land.
Download full case here – Babij v. Connole
Northrup v. Witkowski, 332 Conn. 158 (2019)
Connecticut Supreme Court decision affirming summary judgment in favor of the defendants pursuant to their defense of governmental immunity as to the Town’s repair and maintenance of its storm sewer drainage system, and overruling its 1931 decision in Spitzer v. Waterbury, 113 Conn. 84 (1931).
Download full case here – Northrup v. Witkowski
Burgess v. Wallingford, 589 Fed. Appx. 21 (2d Cir. June 12, 2014), cert. denied, 574 U.S. 1153, 135 S.Ct. 1401 (Feb. 23, 2015)
Second Circuit decision affirming District Court’s granting of summary judgment in favor of town and defendant police officers on basis plaintiff had no clearly established Second Amendment right to carry a firearm openly outside the home, entitling defendant officers to qualified immunity as to plaintiff’s claims for false arrest, unlawful seizure of firearm, and violation of right to bear arms.
Download full case here – Burgess v. Wallingford
Arrigoni Enterprises, LLC v. Town of Durham, 629 Fed. Appx. 23 (2d Cir. 2015)
U.S. Court of Appeals decision affirming the dismissal of plaintiff’s inverse condemnation claim, summary judgment in favor of the defendants on the plaintiff’s substantive due process claim, and the judgment in favor of the defendants on plaintiff’s equal protection claim, arising out of the Town of Durham’s Planning and Zoning Commission the Zoning Board of Appeals’ denial of plaintiff’s applications for land development permits.
Download full case here – Arrigoni Enterprises, LLC v. Town of Durham
Himmelstein v. Town of Windsor, 304 Conn. 298 (2012)
Connecticut Supreme Court decision affirming both the trial court’s grant of summary judgment and Appellate Court’s ruling in Himmelstein v Town of Windsor, 116 Conn. App. 28 (2009), finding that a plaintiff’s exclusive remedy for injuries sustained as a result of a defective roadway is a claim pursuant to Connecticut General Statutes § 13a-149, the Highway Defect Statute.
Download full case here – Himmelstein v. Town of Windsor, 304 Conn. 298 (2012)
Download full case here – Himmelstein v Town of Windsor, 116 Conn. App. 28 (2009)
Doninger v. Niehoff, 642 F.3d 334 (2d Cir. 2011)
U.S. Court of Appeals decision concluding that the defendants were entitled to qualified immunity on the plaintiff claims that school administrators violated her First Amendment rights by preventing her from running for Senior Class Secretary as a direct consequence of her off-campus internet speech, namely a blog entry posted from her home during non-school hours, and that school administrators were further entitled to qualified immunity for prohibiting her from wearing a homemade printed t-shirt during a subsequent school assembly for class leadership elections.
Download full case here – Doninger v. Niehoff
Goldberg v. Town of Glastonbury, 453 Fed. Appx. 40 (2d Cir. 2011)
U.S. Court of Appeals decision affirming summary judgment in favor of the defendants, finding that officers had reasonable suspicion of criminal activity to justify an investigatory stop of the plaintiff in response to a to a 911 call reporting that an individual had entered a restaurant waiting area with an exposed firearm, and further finding that officers were entitled to qualified immunity as to the plaintiff’s claims for false arrest where officers had arguable probable cause to arrest the plaintiff for breach of peace.
Download full case here – Goldberg v. Town of Glastonbury
Alexander v. Town of Vernon, 101 Conn. App. 477 (2007)
Connecticut Appellate Court decision affirming summary judgment in favor of the defendants, finding that the decedent’s estate could not establish the necessary causal relationship between defendant police officers’ alleged inaction and the decedent wife’s murder as required to establish claims against officers for negligence and recklessness.
Download full case here – Alexander v. Town of Vernon
