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

` Case 3:03-cv-O10€1#8·>PCD Document 62 Filed O9/J7/$004 Paget of
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UNITED STATES DISTRICT{@Q'UI}lI’:,· _-__ , ,_?..,_,_D
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CLIFTON S. FREEDMAN, :
Plaintiff, :
V. : CIVIL ACTION
: NO. 3:03 CVl048(PCD)
AMERICA ONLINE, INC, ET AL :
Defendants. : JUNE 15, 2004
DEFENDANTS’ LOCAL RULE 9{c)g1) STATEMENT
In support of the defendants’ Motion for Summary Judgment they subm this
statement of undisputed facts pursuant to Local Rule 9(c)(l):
l. At all times alleged in the complaint William Young and David Bense were
detectives with the Fairfield Police Department acting within the sc e of
their employment. (Compl. $[6,7.)
2. Young and Bensey attended and graduated from the Connecticut olice
Academy. (Lyddy Aff. 1['|l 10, ll.)
3. On or about March 31, 2003, Clifton S. Freedman sent an e—mail to andy
Mulligan and Dee Dee Brandt using the AOL screen name
GoMaryGoAwaygcDAOL.co1n. (Compl. 1] 12.)
4. The e—mail read "The End is Near." (Compl. il l2.)
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5. The plaintiff sent the e-mail anonymously. (Compl. 1] 50.) l
6. On or about April 1, 2003, Brandt and Mulligan filed a case/incident eport
with the Fairfield Police Department based upon their receipt of the pla' tiff’ s
e-mail. (Compl. 1] 12.) i
7. Brandt and Mulligan claimed they received the aforementioned e—mail a d felt
i it was harassing. (Compl. 1] 13.) (Young Dep. at p. 28.) \
8. Both Brandt and Mulligan requested the police investigate the matt and a
expressed concern for their personal safety. (Brandt Dep. at p. 44.)
9. Young was assigned to investigate the complaints filed by Bran and
Mulligan. (Young Dep. at p. 21.)
10. On April 1, 2003, Young faxed a search and seizure warrant applica on to
AOL, seeking to obtain the subscriber information for the person usi g the
screen name GoMaryGoAwaygc£DAOL.co1n. (Compl. 1] 16.)
ll. The search and seizure warrant had not been submitted to nor signe by a
judge. (Compl. 1] 17.)
12. On April 7, 2003, AOL provided Young with the plaintiff` s sub riber
information via fax. (Young Dep. at p. 52.)
13. At no time was the plaintiff arrested. (Young Dep. at pp. 68-71.)
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14. At no time was the plaintiff told he could no communicate with Br dt or
Mulligan. (Young Dep. at p. 70.)
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THE DEFENDANTS:
TOWN OF FAIRFIELD, I
DETECTIVE WILLIAM YOUNG, (
DETECTIVE DAVID BENSEY .
BY: Wx A .
Mark A. Perkins (ct224l9)
Maher and Murtha, LLC {
528 Clinton Avenue `
P.O. Box 901
Bridgeport, CT 06601 i
Telephone: (203) 367-2700
Facsimile: (203) 335-0589
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