Free Motion for Summary Judgment - District Court of Connecticut - Connecticut

Case 3:03-cv-00373-RNC

Document 69

Filed 06/14/2004

Page 1 of 3

UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT : : : : : v. : : TOWN OF TRUMBULL, : OFFICER COPPOLA, I.D. #24 (first name : unknown) (individually and in his official : capacity), OFFICER, I.D. #35 (name : unknown) (individually and in his official : capacity), SPECTAGUARD, MICHAEL : (last name unknown), WESTFIELD : SHOPPINGTOWN, JOHN DOES 1 : Through 10, Jane Does 1 through 10, : and ABC Corp. through XYZ, : individually, jointly, and severally, : : Defendants. : RICHARD A MYERS, SHERNETTE CLARK, KENNETH BINGHAM, and FLOYD MCLEAN, Plaintiffs,

CASE NO.: 3:03 CV 373 (RNC)

June 14, 2004

MOTION FOR SUMMARY JUDGMENT Pursuant to Local Rule 56 and Federal Rules of Civil Procedure Rule 56, the Defendants, Town of Trumbull, Officer Coppola, I.D. #24, and Officer Leos, I.D. #35, respectfully request that the Court enter summary judgment against the Plaintiffs, Richard A. Myers, Shernette Clark, Kenneth Bingham and Floyd McLean, as to all counts of the present action. There is no genuine issue of material fact that would prevent summary judgment being entered as to these Defendants. See Local Rule 56(a)1 Statement attached.

ORAL ARGUMENT NOT REQUESTED TESTIMONY NOT REQUIRED

Case 3:03-cv-00373-RNC

Document 69

Filed 06/14/2004

Page 2 of 3

The Defendants' actions, even as described by the Plaintiffs, are protected by qualified immunity, and there is no evidence whatsoever that the Defendants' actions were motivated by the Plaintiffs' race or national origins. WHEREFORE, it is appropriate that summary judgment should enter against the Plaintiffs.

DEFENDANTS, TOWN OF TRUMBULL, OFFICER COPPOLA, I.D. #24, AND OFFICER LEOS, I.D. #35 By: Stuart E. Brown Hassett & George, P.C. 555 Franklin Avenue Hartford, Connecticut 06114 (860) 296-2111 [email protected] Fed. Bar # CT 24659

Case 3:03-cv-00373-RNC

Document 69

Filed 06/14/2004

Page 3 of 3

CERTIFICATION This is to certify that a copy of the foregoing has been mailed this 14th day of June, 2004 to the following counsel and/or pro se parties of record: Cynthia H. Hardaway Hunt, Hamlin & Ridley Military Park Building 60 Park Place, Suite 1602 Newark, NJ 07102 Michael T. McCormack Tyler, Cooper & Alcorn, LLP 185 Asylum Street Cityplace I 35th Floor Hartford, CT 06103-3802 Robert J. Flanagan, Jr. Cella, Flanagan & Weber, P.C. 21 Washington Avenue P.O. Box 221 North Haven, CT 06473-0221

Stuart E. Brown

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