Free Statement of Material Facts - District Court of Connecticut - Connecticut

Case 3:03-cv-00665-MRK

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT

---------------------------------------------------------------X TERRENCE HENDERSON : Plaintiff, : : vs. : : : THE TOWN OF GREENWICH : Defendant : ---------------------------------------------------------------X

CIVIL ACTION NO: 303CV665 (MRK)

MARCH 31, 2006

DEFENDANT'S LOCAL 56(A)(2) STATEMENT The defendant Town of Greenwich ("the Defendant") hereby responds to the plaintiff's Local Rule 56(a)(1) Statement filed March 16, 2006 as follows: 1. The Defendant has insufficient knowledge as to the plaintiff's citizenship or residence. 2. The Defendant admits it, the Town of Greenwich, is a government agency. The remaining allegations of paragraph 2 are denied because the defendant Town of Greenwich Police Department is no longer a party defendant. The Defendant admits it is located in Greenwich, Connecticut. [1]. The Defendant admits the plaintiff was stopped at said place and time but denies that the plaintiff was illegally stopped. Affidavit of Officer Michael Macchia, ¶ 5 [2] Denied.

Affidavit of Officer Michael Macchia, ¶ 6

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3.

Denied.

Affidavit of Officer Michael Macchia, ¶ 8 4. Denied.

Affidavit of Officer Michael Macchia, ¶ 8 5. The Defendant admits that the plaintiff was detained, and that after his

arrest, presented personal effects, and that a warrant/criminal background check was conducted. The remaining allegations contained in paragraph 5 are denied. Affidavit of Officer Michael Macchia, ¶ 9 6. Denied.

Affidavit of Officer Michael Macchia, ¶¶ 10, 11 7. Denied.

Affidavit of Officer Michael Macchia, ¶ 12 8. Denied.

Affidavit of Officer Michael Macchia ¶¶ 13 Disputed Issues of Material Fact There is a genuine dispute as to whether, on December 20, 2001, Terrence Henderson was unjustly singled out due to the ethnicity of his race based on a policy, custom, or practice of the defendant attributable to a municipal policymaker. Affidavit of Officer Michael Macchia ¶ 7. In addition, there is a genuine dispute as to the facts alleged in the plaintiff's Amended Complaint and Local 56(a)(1) Statement. For the reasons stated in the

defendant's objection to plaintiff's motion for summary judgment, however, none of those alleged facts are material in this case.

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THE DEFENDANT TOWN OF GREENWICH By: Valerie Maze Keeney Federal Bar No. CT 14080 Greenwich Town Attorney's Office Town Hall, P.O. Box 2540 Greenwich, CT 06836-2540 Tel. (203) 622-7877 Fax. (203) 622-3816

[email protected]

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CERTIFICATION

This is to certify that a copy of the foregoing has been mailed on the abovecaptioned date to all counsel and pro se parties of record:

Mr. Terrence Henderson, Pro Se 5360 Broadway #7C Bronx, NY 10463

Valerie Maze Keeney

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