Employment Litigation

Representative Cases

Luzzi v. Town of Hamden, CV-07-40266776S, New Haven Superior Court (January 28, 2011). Partial summary judgment on claims that retirees were promised retroactive wage increases in collective bargaining agreement ratified after retirement.

DiStiso v. Town of Wolcott, 3:05-CV-1910 VLB, --- F.Supp.2d ---, 2010 WL 4365670 (D. Conn. Oct. 19, 2010).  Plaintiff claimed that African American son was harassed by his peers because of his race and that the Board of Education, his teachers, principal and superintendent failed to protect him from that harassment in violation of the Equal Protection and Substantive Due Process Clauses of the Fourteenth Amendment.   Claims against the Town, Board of Education and Superintendent were dismissed.  (2006 U.S. Dist. LEXIS 83835 (D.Conn. Nov. 17, 2006); 539 F. Supp. 2d 562 (D.Conn 2008), rev’d, 352 Fed.Appx. 478 (2d Cir. 2009)).  Qualified immunity granted as to Substantive Due Process claims but denied as to Equal Protection claims; Court’s decision on Equal Protection claims currently on appeal to the Second Circuit.

Kohlhagen v. Town of Wethersfield, 3:10-CV-1295, 2010 WL 3951917 (D. Conn. Oct. 7, 2010).  Superintendent who resigned in the face of an investigation by the Town’s Ethics Board brought suit claiming that the Ethics Board’s continued investigation after his resignation violated the Fourteenth Amendment.  Summary Judgment granted in favor of Town and Ethics Board.

Staton v. State of CT, et al, 3:08-CV-142, 2009 WL 4250064 (September 21, 2010).  Summary judgment on behalf of six Danbury police officers, sergeants and lieutenants on all claims of the complaint which alleged Fourth Amendment rights, racial profiling, false arrest, malicious prosecution, excessive use of force, and defamation.

Singhaviroj v. Fairfield Board of Education, 124 Conn.App. 228 (2010).  Employee of the Information Technology Department who claimed that he was wrongfully terminated after an internal investigation revealed he had deliberately sabotaged the Board of Education’s computer network brought two lawsuits.  After the first lawsuit was stricken (2007 WL 4733057, Conn.Super., Dec. 12, 2007), defendants timely moved for summary judgment on second lawsuit based on the defense of res judicata.  After Superior Court refused to rule on the defense, the Connecticut Appellate Court reversed and remanded holding that the Superior Court erred in refusing to rule on the defense.

Farina v. Branford Board of Education, 3:09-CV-49 JCH, 2010 WL 3829160 (D. Conn. Sept. 23, 2010). Terminated tenured public school teacher claimed she was discriminated against, harassed and retaliated against because of an alleged disability.  Summary judgment granted on the Complaint in its entirety; this decision is currently on appeal to the Second Circuit.  Also represented administration in termination proceedings before the Board of Education.

Comm'n on Human Rights & Opportunities v. Town of Fairfield, CV094021363S, 2010 WL 2196626 (Conn. Super. Ct. Apr. 26, 2010).  The CHRO’s appeal after a finding at public hearing that Town failed to hire a female applicant because of her gender was dismissed.

Arrone v. Wethersfield Board of Education, (unreported, Docket No. CV 085008136 S, April 10, 2010).  Summary judgment granted on plaintiff’s claims for breach of contract based on former superintendent’s alleged promise that she and her husband were entitled to health insurance for life upon her retirement.

Belanger v. Blum, 628 F.Supp.2d 260 (D.Conn. 2009), reconsideration denied, 3:08-CV-584VLB, 2010 WL 1286857 (D. Conn. Mar. 30, 2010).  Retired state employees claimed members of the State Employees Retirement Commission denied them due process when they refused to increase their pension benefits.  Claim dismissed because the defendants were entitled to qualified immunity and the complaint failed to state a claim for a due process violation.

O'Hanlon v. City of Danbury, 3:07-CV-1727RNC, 2009 WL 586278 (D. Conn. Mar. 9, 2009).  Entry level firefighter applicants who were not hired claimed errors in the Civil Service procedure followed during the hiring process.  Equal Protection “class of one” claim was dismissed pursuant to Engquist.  Plaintiffs’ breach of contract, promissory estoppel and common law fraud claims were subsequently stricken by the Superior Court (DBDCV074008131S, 2010 WL 936771 (Conn. Super. Ct. Feb. 8, 2010)).

Krahm v. Town of Fairfield, CV044000006, 2009 WL 3739340 (Conn. Super. Ct. Oct. 1, 2009).  Police officer claimed she was discriminated against because of gender and retaliated against for opposing said discrimination.  Defense verdict entered after trial on retaliation claim; discrimination claims dismissed at summary judgment.
Fiore v. Fairfield Board of Education, 3:07-CV-00926CFD, 2009 WL 2869523 (D. Conn. Sept. 1, 2009) In this reverse discrimination case, summary judgment was granted in favor of the defendants on heterosexual, protestant non-tenured teacher’s claims that she was discriminated against and harassed because of her sexual orientation and religion and retaliated against for complaining about discrimination when her teaching contract was non-renewed.

Henton v. City of New London, (USDC, defense verdict, August 2009).  Defense verdict entered after jury trial on public works employee’s claim that he was disciplined in retaliation for complaining about race discrimination.  Summary judgment had previously been granted on race discrimination and harassment claims (CIV.3:06 CV 2035 (EB, 2008 WL 2185933 (D. Conn. May 23, 2008)).

Drake v. Town of Mansfield, 652 F. Supp. 2d 236 (D.Conn. 2009):  Represented Town in suit against Town’s disability insurer who had denied benefits to firefighter and firefighter had sued Town to pay those benefits.  Held that for purposes of providing long term disability benefits to former firefighter with a disabling heart condition, former firefighter was “actively at work” because he performed his regular job duties the last day at work before being placed on paid administrative leave.

Poirier v. Town of Enfield, TTDCV094010961S, 2009 WL 3086238 (Conn. Super. Ct. Aug. 24, 2009).  Temporary injunction sought by homeowner to prohibit Town from utilizing an easement acquired through eminent domain was barred by res judicata because homeowner did not raise the issue in the condemnation proceedings.

Sophia v. City of Danbury, 116 Conn.App. 68 (2009).  Former Executive Secretary to the Chief of Police claimed that she was “forced” to retire in retaliation for filing a claim of age/disability discrimination.  On appeal from jury verdict in favor of the City, Appellate Court held that constructive discharge is not a cause of action under Connecticut common law and plaintiff failed to establish a prima facie case of retaliation.

Padula v. Weston Board of Education, CV064014462S, 2009 WL 1958735 (Conn. Super. Ct. June 9, 2009).  Summary judgment granted to the Board based on the Fennell Doctrine on plaintiff’s breach of implied contract to provide him with retirement benefits after he was terminated for threatening the Superintendent of Schools.

O’Connor v. Pierson, 568 F.3d 64 (2d Cir. 2009).  Affirming District Court’s ruling (482 F.Supp.2d 228 (D.Conn. 2007)) after remand (426 F.3d 187 (2d Cir. 2005) (leading Second Circuit case holding that the Substantive Due Process Clause prohibits disclosure of medical records to public sector employer)) on summary judgment that res judicata barred former public school teacher’s Substantive Due Process claim; case previously litigated to plaintiff’s verdict on invasion of privacy claim that was reversed by Connecticut Appellate Court on governmental immunity grounds (O’Connor v. Wethersfield Board of Education, 90 Conn.App. 59, cert. denied, 275  Conn. 912 (2005)).

Garrity v. Fairfield, (U.S.D.C. – Jury Verdict for Defendant; April 2009).  Successfully defended Town against claim of age discrimination made by a terminated municipal golf professional.  The jury found he was an independent contractor and, thus, not protected by the ADEA.

Vollemans v. Town of Wallingford, 289 Conn. 57 (2008).  As a matter of first impression, affirming Connecticut Appellate Court’s holding (103 Conn. App. 188 (2007)) that the statute of limitations set out in Conn. Gen. Stat. §46a-82(f) for filing a claim of discrimination under the CFEPA begins to run on the date an employee is terminated, not on the date the employee is first notified of the termination, thereby rejecting the federal law of Ricks as controlling in Connecticut.

Biello v. Town of Watertown, 109 Conn. App. 572, cert. denied, 289 Conn. 934 (2008).  Affirming trial court’s verdict for the defendant and holding that the Fennell Doctrine precludes claims of detrimental reliance and quantum meruit brought against a municipality.

Claudio v. Town of Enfield, 07CV146 (WWE), 2008 WL 2786433 (D. Conn. July 16, 2008).  Summary judgment granted in favor of defendants on terminated Hispanic police officer’s “class of one” and racial discrimination equal protection and procedural and substantive due process claims; summary judgment subsequently granted by Superior Court on claims of defamation and intentional infliction of emotional distress against Chief of Police and Town Manager (Robles-Claudio v. Marcotte, CV095027634, 2009 WL 2786029 (Conn. Super. Ct. Aug. 7, 2009)).

Martin v. Town of Westport, 108 Conn. App. 710 (2008).  Affirming summary judgment granted by Superior Court on former Master Mechanic’s claim that he was required to take a pension in retaliation for filing a worker’s compensation claim.

Martin v. Town of Westport, 558 F. Supp. 2d 228 (D.Conn 2008).  Summary judgment granted in favor of the defendant on former Master Mechanic’s claims of racial discrimination and harassment and retaliation brought pursuant to the CFEPA because plaintiff’s prior lawsuit was a complete bar to the instant lawsuit under the doctrine of res judicata.

Smolicz v. Borough/Town of Naugatuck, 281 Fed.Appx. 32 (2d Cir. 2008).   Affirming District Court’s ruling (3:04-CV-00855 (WWE), 2006 WL 2085291 (D. Conn. July 25, 2006) adhered to as amended, 3:04 CV 00855(WWE), 2006 WL 3218533 (D. Conn. Oct. 23, 2006)) granting summary judgment to the police department on terminated police officer’s First Amendment retaliation and Fourth Amendment falsification of warrant application claims.

Milardo v. City of Middletown, 528 F.Supp.2d 41 (D.Conn 2007).  Summary judgment granted in favor of former Mayor on former Director of Central Communications’ claim that while being terminated he was retaliated against in violation of the First Amendment and discriminated against under a “class of one” theory in violation of the Equal Protection Clause of the Fourteenth Amendment.

Flaherty v. Borough of Naugatuck, CV054004400S, 2007 WL 3121679 (Conn. Super. Ct. Oct. 9, 2007).   Defense verdict in former Fire Chief’s lawsuit claiming breach of implied contract, unjust enrichment and detrimental reliance on grounds that the claims were barred by the Fennell Doctrine.

Sebold v. City of Middletown, 2007 U.S. Dist. 70081 (D.Conn 2007):  Summary judgment granted in favor of the defendants, City and former Mayor, on former dispatcher’s Title VII and ADEA claims that she was discriminated against because of her gender and age and harassed because of her age.  Summary judgment also granted as to all claims brought pursuant to state law.  Summary judgment denied as to gender based hostile work environment and retaliation claims.

Saltarella v. Town of Enfield, 227 Fed.Appx. 67 (2d Cir. 2007).  Affirming District Court’s ruling (427 F.Supp.2d 62 (D.Conn. 2006)) on summary judgment in favor of Town on former police officers claim that he was retaliated against in violation of the First Amendment for blowing the whistle on illegal police practices.

Risica ex rel. Risica v. Dumas, 466 F.Supp.2d 434 (D. Conn. 2006).  Summary judgment granted in favor of Principal on claim by student that the Principal violated his procedural due process and substantive due process rights when he was suspended for making a “hit list.”

Earl v. Daigle, CIVA 3:03CV1323 SRU, 2006 WL 2697519 (D. Conn. Sept. 19, 2006).  Summary judgment granted in favor of police department in case against individual officer and department for violation of constitutional privacy rights of citizen.

Aceto v. Town of Bloomfield, 3:04CV01877 (AWT), 2006 WL 1405579 (D. Conn. May 19, 2006) Summary judgment granted to Town and individual defendants on former police officer's constitutional claims that the defendants violated her right to privacy and discriminated against her because of her gender.

Pansy Rd., LLC v. Town Plan & Zoning Comm'n of Town of Fairfield, 3:05-CV-916 (RNC), 2006 WL 1236781 (D. Conn. May 5, 2006).  Motion to dismiss granted in favor of First Selectman on First Amendment grounds where plaintiff alleged First Selectman violated its constitutional rights to obtaining a subdivision permit where First Selectman opposed project.

Mallett v. Town of Plainville, 3:01CV1137(AHN), 2006 WL 931712 (D. Conn. Apr. 4, 2006).  Successfully defended individual capacity defendants in First Amendment whistleblower case.

Aselton v. Town of East Hartford, 277 Conn. 120 (2006)(on the brief).  Affirming summary judgment granted in favor of police chief and dispatchers on federal and state substantive due process claim.

Papay v. Town of New Canaan, 3:03CV2083 RNC, 2006 WL 314550 (D. Conn. Feb. 9, 2006).  Summary judgment granted on Planning and Zoning Administrative Assistant’s constructive discharge sexual harassment claim.

Pare v. City of Bristol, 386 F. Supp. 2d 43 (D.Conn. 2005).  Summary judgment granted on police officer’s claim that he was regarded as disabled and discriminated against.

Boganski v. City of Meriden Bd. of Educ., CIV. 3:01CV2183(AVC), 2005 WL 1949878 (D. Conn. Aug. 12, 2005). Summary judgment granted on former school custodian’s First Amendment claim that he was terminated in retaliation for refusing to follow a directive to create a fictitious heating oil purchase order.

Blackhawk Sec., Inc. v. Town of Hamden, 3:03CV2101 (MRK), 2005 WL 1719918 (D. Conn. July 22, 2005). Summary judgment granted in equal protection case brought against Hamden police department for preferential use of police officers at construction sites rather than flaggers.

Braheney v. Town of Wallingford, 300CV2468CFD, 2004 WL 721834 (D. Conn. Mar. 30, 2004).  Summary judgment granted for Town on female firefighter’s gender and disability discrimination claims.

Diggs v. Town of Manchester, 303 F. Supp. 2d 163 (D. Conn. 2004). Successfully defended Town of Manchester and individual defendants against former firefighter’s claims of race and disability discrimination, harassment and retaliation in violation of Title VII, Americans with Disabilities Act, the Rehabilitation Act of 1973, and the equal protection clause of the Fourteenth Amendment to the United States Constitution; summary judgment granted.

Centerfolds, Inc. v. Town of Berlin, 352 F.Supp.2d 183 (D. Conn. 2004). Partial summary judgment upholding Berlin’s ordinance regulating sexually oriented businesses under First Amendment, dismissing procedural due process claims and granting qualified immunity to individual town council members.

Merry Charters, LLC v. Town of Stonington, 342 F.Supp.2d 69 (D. Conn. 2004). Summary judgment granted in favor of zoning commission, zoning board of appeals and all individual members in case brought by plaintiff for unconstitutional taking, equal protection and substantive due process and granting qualified immunity to individual commission members.

Tsombanidis v. West Haven Fire Dep't., 352 F.3d 565 (2d Cir. 2003)(on the brief).  Reversing district court judgment applying erroneous disparate impact analysis; upheld applicability of State fire codes to challenge under Fair Housing Act.

Barton v. City of Bristol, 294 F.Supp.2d 184 (D.Conn. 2003).  Summary judgment granted police officer’s on First Amendment whistleblower/ retaliation, substantive due process and equal protection claims brought against Police Chief.

Filush v. Town of Weston, 266 F.Supp.2d 322 (D. Conn. 2003).  Held that public employees may not bring cause of action under Title II of ADA to circumvent exhaustion requirements of Title I.

Harhay v. Town of Ellington Bd. of Educ., 323 F.3d 206 (2d Cir. 2003).  Reversing District Court’s ruling that individual defendants were not entitled to qualified immunity in Procedural Due Process claim brought by tenured teacher who was fired as part of a reduction in force.

Prescott v. City of Meriden, 80 Conn.App. 697 (2003)(on the brief).   Affirming governmental immunity and limiting exception of identifiable victim/ imminent harm exception.

Matos v. Bristol Bd. of Educ., 204 F.Supp.2d 375 (D. Conn. 2002).  Summary judgment granted on Hispanic custodian’s failure to promote claim brought pursuant to Title VII.

Menon v. Frinton, 170 F.Supp.2d 190 (D. Conn. 2001), aff’d, 31 Fed.Appx. 735 (2d Cir.), cert. denied, 537 U.S. 817 (2002), leave to file for rehearing denied, 542 U.S. 961 (2004).  Qualified immunity granted to police officer on fourth amendment and selective enforcement claims.

Rider v. Town of Farmington, 162 F.Supp.2d 45 (D.Conn. 2001).  Summary judgment granted in favor of Police Department on female police officer’s gender discrimination and retaliation claims.

Miner v. Town of Cheshire, 126 F. Supp. 2d 184 (D.Conn. 2000).  Dismissing sexual harassment claims as untimely; plaintiff did not plead facts triggering the application of the continuing violation doctrine or equitable tolling.

ATC Partnership v. Town of Windham, 251 Conn. 597 (1999), cert. denied, 530 U.S. 1214 (2000).   Seminal case on causes of action under the Connecticut Constitution.

Meeker v. Regional Sch. Dist. # 6, 23 F.Supp.2d 193 (D.Conn. 1998).  Case tried to verdict on procedural due process claim brought by public school teacher who was non-renewed.