Free Motion to Dismiss - District Court of Connecticut - Connecticut

1 ‘· Case 3:03-cv-OO66€;$WT Document 15 Filed O2/O4/2004 Page 1 of 3 1
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1 UNITED STATES DISTRICT COURT 1
1 DISTRICT OF CONNECTICUT
1 LINDA STURM : NO.: 3:03CV0666 (AWT)
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ROCKY HILL BOARD OF EDUCATION : FEBRUARY 4, 2004
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MOTION TO DISMISS ; ji,
The defendant, Rocky Hill Board of Education, pursuant to RuIe.»1.2(b)(S’) of
Federal Rules of Civil Procedure, hereby moves this Court to dismissfttiis ma1t]er 1
prejudice as the complaint fails to state a claim upon which relief can béigrajgted. As
is more particularly set forth in the attached Memorandum of Law, the plaintiff fails to
state a claim under:
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(1) The First and Second Counts of her complaint, because her speech, as 1
alleged in her complaint, is not protected by the First Amendment or by the 1
corresponding provisions of the Connecticut state constitution;
(2) The Third Count of her complaint, because she fails to set forth an allegation
of "disabiIity" in accordance with Section 504 of the Disability Act;
(3) The Fourth Count of her complaint, because she has failed to plead the
requisite elements of the common law torts of Defamation and False light; ,
because the defendant is protected by the defense of governmental 1
immunity from any liability for the intentional torts of Defamation and False
Light; and because C.G.S. § 31-128f does not apply to public employees; 1
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ORAL ARGUMENT IS REQUESTED 1

N Case 3:03-cv-OO66€>5\WT Document 15 Filed O2/065004 Page 2 of 3 {
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l (4) The Fifth Count of her complaint, because the plaintiff has failed to satisfy J
@ the pleading requirements for the common law claim of Wrongful Discharge. i
WHEREFORE, the defendant requests that the Court grant its Motion to 1
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DEFENDANT,
ROCKY HILL BOARD OF EDUCATION
Eric D. Eddy [ct25242
Michael J. Rose [ct14803] i
_ Howd & Ludorf
65 Wethersfield Avenue l
Hartford, CT 06114
Phone: (860) 249-1361
Fax: (860) 249-7665
E-Mail: eeddy@h|—|aw.c0m
- E-Mail: mrose@hl-lawncom
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J Case 3:03-cv-0O66@WT Document 15 Filed 02/OCP/5004 Page 3 of 3
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{ CERTIFICATION {
q This is to certify that a copy of the foregoing has been sent, handling charges .
X ` prepaid, via U.S. Mail to the following counsel of record this 4t" day of February, 2003.
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{ Gary Phelan, Esquire I
, Tanya Wolanic, Esquire
Kleban0ff& Phelan, P.C. `
433 South Main Street, Suite 117 E
West Hartford, CT 06110 l
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JL #*7 - ;
Eric D. Eddy
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