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

Case 3:01-cv-02183-AVC

Document 48

Filed 05/02/2005

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT

EDWARD BOGANSKI v. CITY OF MERIDEN BOARD OF EDUCATION AND JOHN CORDANI

: : : : : :

NO.: 3:01CV2183 (AVC)

APRIL 29, 2005

MOTION FOR SUMMARY JUDGMENT Pursuant to Rule 56 of the Federal Rules of Civil Procedure and Local Rule 56(a), the defendants, City of Meriden Board of Education and John Cordani, hereby move for summary judgment as to the plaintiff's complaint dated November 21, 2001 in its entirety. As is more particularly set forth in the accompanying memorandum of law, exhibits and Local Rule 56(a)(1) statement, there is no genuine dispute of material fact and the defendants are entitled to summary judgment for the following reasons: i. The plaintiff's speech was not protected under the First Amendment or equivalent provisions of the Connecticut state constitution; There is no evidence that John Cordani subjected the plaintiff to an adverse employment action; There is no evidence of a causal connection between the plaintiff's claimed protected speech and an adverse employment action; The defendants would have taken the same actions against Boganski

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Case 3:01-cv-02183-AVC

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even in the absence of the alleged protected conduct; v. John Cordani is entitled to qualified immunity as to the plaintiff's First Amendment claim; The Meriden Board of Education may not be vicariously liable under 42 U.S.C. §1983 for the actions of its employees; and Connecticut General Statute §31-51q does not provide for individual liability against John Cordani.

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vii.

WHEREFORE, the defendants, City of Meriden Board of Education and John Cordani, respectfully request that their motion for summary judgment as to the plaintiff's complaint in its entirety be granted.

DEFENDANTS, CITY OF MERIDEN BOARD OF EDUCATION AND JOHN CORDANI

By/s/Alexandria L. Voccio Alexandria L. Voccio ct21792 Howd & Ludorf, LLC 65 Wethersfield Avenue Hartford, CT 06114 (860) 249-1361 (860) 249-7665 (Fax) E-Mail: [email protected]

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Case 3:01-cv-02183-AVC

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Filed 05/02/2005

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CERTIFICATION This is to certify that a copy of the foregoing has been 29th day of April, 2005.

John R. Williams, Esquire 51 Elm Street New Haven, CT 06510 Michael McKeon, Esquire Sullivan, Schoen, Campane & Connon, LLC 646 Prospect Avenue Hartford, CT 06105-4286 Deborah L. Moore City of Meriden Department of Law 142 East Main Street Meriden, CT 06450

/s/Alexandria L. Voccio Alexandria L. Voccio

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