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

~ Case 3:03-cv-00372-AVC Document 20 Filed 03/18/2004 Page 1 of 3 I
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UNITED STATES DISTRICT COURT ‘· `
DISTRICT OF CONNECTICUT
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KELLY PHANEUF, 1 ` g;,l-.,_Q-,_’;'i*"Jk QU. U i- {
Plaintiff, :Civil N0. 3:03CV00372 (AVC) {
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ROSE MARIE CIPRIANO, DORENE M. : i
FRAIKIN, KATHLEEN BINKOWSKI, : i
TOWN OF PLAINVILLE and PLAINVILLE : l
BOARD OF EDUCATION, :
Defendants. MARCH 17, 2004
DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT
Pursuant to Rule 56 ofthe Federal Rules of Civil Procedure the Defendants, Rose
Marie Cipriano, Dorene M. Fraikin, Kathleen Binkowslri, Town of Plainville and the
Plainville Board of Education hereby move for Summary Judgment on the basis that there
are no genuine issues of fact and said Defendants are entitled to judgment as a matter of `
law. l
The Defendants more specifically assert the basis for this motion as follows:
l. Pursuant to the United States Supreme Court ruling, New J ersey v. T.L.O. 469 U.S. i
325 (1985), the search at issue in this case was justified at it inception and was
reasonable in scope.
2. The Plaintiff has failed to provide sufficient evidence to support prima facie causes
ORAL ARGUMENT IS REQUESTED
TESTIMONY MAY BE REQUIRED
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· Case 3:03-cv-00372-AVC Document 20 Filed O3/18/2004 Page 2 of 3 I
of action with respect to the remaining state law claims and the Defendants are entitled I
to governmental immunity for their discretionary acts.
In support of this Motion Defendants have attached a memorandum of law, a I
Local Rule 56(a) I Statement, affidavits and other proofs. I
Respectfully Submitted, i
THE DEFENDANTS,
ROSEMARIE CIPRIANO,
DORENE M FRAIKIN,
KATHLEEN BINKOWSKI, I
TOWN OF PLAINVILLE,
PLAINVILLE BOARD OF EDUCATION,
By Their Attorney,
I WILLIAMS, ESQ.
FEDERAL BAR NO CT 01938
WILLIAMS WALSH & O'CONNOR LLC
110 WASHINGTON AVE, 2ND FLR
NORTH HAVEN CT 06473 .
TEL (203) 234 6333
FAX (203) 234 6330
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The foregoing Motion having been heard, it is hereby ORDERED:
Granted / Denied.
BY THE COURT p
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JUDGE/CLERK
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CERTIFICATE OF SERVICE {
I hereby certify that a copy of the foregoing was mailed, first class, postage V
prepaid, to the following counsel of record, this 17th day of March, 2004, to:
SI·IEH.A J HANLEY ESQ
GESMONDE PIETROSIMONE & SGRIGNARI LLC
3127 WHITNEY AVE
HAMDEN CT 06518-2344
TEL (203) 407 4200
FAX (203) 407 4211 ` _
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