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

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT

SHERRI PAULEY, ET AL v. TOWN OF ANSONIA, ET AL

: : : : :

NO.: 3:01CV02224 (RNC)

JANUARY 18, 2005

LOCAL RULE 56(a)1 STATEMENT

Pursuant to Rule 56(a)1 of the Local Rules of Civil Procedure, the defendants, Town of Ansonia, Sergeant Zalinsky and Kevin Hale, respectfully submit the following statement of undisputed material facts in support of their Motion for Summary Judgment: 1. In 1997, David and Sherri Pauley purchased a townhouse located at 10

Adanti Avenue in Ansonia, Connecticut. (See Complaint dated November 26, 2001, at ¶9.) 2. The townhouse purchased by the plaintiffs was comprised of a two-unit

duplex, the adjoining property of which was occupied by James and Sharon Hoffman and known as 12 Adanti Avenue. (See Complaint, at ¶9.) 3. The plaintiffs began having difficulties with their neighbors, the Hoffmans,

immediately after taking possession of their property. (See Complaint, at ¶10.)

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4.

Specifically, the Hoffmans began pounding on the adjoining wall of the

unit and reporting complaints to the Ansonia Police Department regarding the plaintiffs. (See Complaint, at ¶¶10, 11.) 5. The majority of the complaints made by the Hoffmans regarding the

plaintiffs were noise complaints. (See Incident Details Log re Complaints by James and Sharon Hoffman, attached as Exhibit A; Call Summary Reports re Complaints by James and Sharon Hoffman, attached as Exhibit B.) 6. Between 1997 and 2001, there were thirty-one (31) complaints made

between James and Sharon Hoffman and David and Sherri Pauley. Eighteen (18) of said complaints were made by James and Sharon Hoffman, and thirteen (13) of said complaints were made by David and Sherri Pauley. (See Affidavit of Zalinsky, attached as Exhibit J.) 7. Sherri Pauley does not have any information or documentation

confirming that the Hoffmans were filing and/or making false complaints regarding the plaintiffs as all of the complaints were based upon the plaintiffs' word versus the word of the Hoffmans. (See Deposition Transcript of Sherri Pauley dated September 29, 2004, at pp.35, 40, 57, attached as Exhibit C.) 8. David Pauley does not have any information or documentation

confirming that the Hoffmans were filing and/or making false complaints regarding the plaintiffs as all of the complaints were based upon the plaintiffs' word versus the word

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of the Hoffmans. (See Deposition Transcript of David Pauley dated October 11, 2004, at p.70, attached as Exhibit D.) 9. David and Sherri Pauley could not, and did not, produce any information

or evidence tending to show that the complaints made by the Hoffmans were false and/or falsely made in an effort to harass or exert control over the plaintiffs as alleged in the complaint. (See Affidavit of Zalinsky, attached as Exhibit J.) 10. No information or evidence existed which demonstrated that the

complaints made by the Hoffmans were, in fact, false. (See Affidavit of Zalinsky, attached as Exhibit J.) 11. No probable cause existed to arrest the Hoffmans on the charges of

allegedly filing false complaints against the plaintiffs. (See Affidavit of Zalinsky, attached as Exhibit J.) 12. The plaintiffs themselves made several complaints against the Hoffmans

regarding noise from their unit and claims that the Hoffmans were pounding on the adjoining wall. (See Incident Details Log re Complaints by David and Sherri Pauley, attached as Exhibit E; Call Summary Reports re Complaints by David and Sherri Pauley, attached as Exhibit F; Sherri Pauley Deposition, Exhibit C, at p.46; David Pauley Deposition, Exhibit D, at p.34.) 13. The Ansonia Police Department responded to each and every complaint

made by the plaintiffs, and would speak with both the plaintiffs and the Hoffmans

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regarding the complaints. (See Sherri Pauley Deposition, Exhibit C, at pp.46, 53-54; David Pauley Deposition, Exhibit D, at p.34; Affidavit of Zalinsky, attached as Exhibit J.) 14. On a few of those occasions on which the plaintiff, Sherri Pauley, called

the Ansonia Police Department, she requested that they not respond, and further that she merely wanted the incident on file. (See Sherri Pauley Deposition, Exhibit C, at pp.46-47.) 15. On July 13, 2000, James and Sharon Hoffman were arrested following

one of their own complaints against the plaintiffs, and charged with Breach of Peace in violation of Conn. Gen. Stat. §53a-181 and Threatening in violation of Conn. Gen. Stat. §53a-62. (See Case Incident Report dated July 13, 2000, attached as Exhibit G.) 16. The plaintiffs had problems with the Hoffmans beginning immediately

after they moved into the townhouse, and continuing until they moved out. (See David Pauley Deposition, Exhibit D, at pp.38-39.) 17. The plaintiffs have no information or documentation to support their claim

that the defendants had knowledge that the Hoffmans had a history of filing false reports. (See Sherri Pauley Deposition, Exhibit C, at p.64.) 18. The plaintiffs' claim that the defendants had a policy, practice or custom

of not taking civilian complaints regarding the filing of false complaints in a neighbor

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dispute is based solely upon their belief that that the defendants did nothing to help them. (See Discovery Responses of David Pauley dated May 5, 2004, attached as Exhibit H, at Interrogatory 9; Discovery Responses of Sherri Pauley dated May 5, 2004, attached as Exhibit I, at Interrogatory 9.) 19. The plaintiffs' claim that the defendants violated their right to equal

protection of the laws is also based on their belief that the defendants did nothing to help them. (See Sherri Pauley Deposition, Exhibit C, at p.76; Discovery Responses of Sherri Pauley, Exhibit I, at Interrogatory 11; Discovery Responses of David Pauley, Exhibit H, at Interrogatory 11.) 20. The plaintiffs are unable to identify any individuals who were treated

differently from them by the Ansonia Police Department. (See Sherri Pauley Deposition, Exhibit C, at pp.76-77; David Pauley Deposition, Exhibit D, at pp.78-80.) 21. The Town of Ansonia and the Ansonia Police Department has no official

or unofficial policy, practice or custom to fail or refuse to investigate complaints made by David and Sherri Pauley with regard to their complaints of the alleged filing of false complaints by their neighbors, James and Sharon Hoffman. (See Affidavit of Kevin Hale, attached as Exhibit K.) 22. The Town of Ansonia and the Ansonia Police Department has no official

or unofficial policy, practice or custom to fail or refuse to effectuate an arrest based upon complaints made by David and Sherri Pauley with regard to their complaints of

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the alleged filing of false complaints by their neighbors, James and Sharon Hoffman. (See Affidavit of Kevin Hale, attached as Exhibit K.) 23. The Town of Ansonia and Ansonia Police Department has no official or

unofficial policy, practice or custom to fail or refuse to investigate complaints with regard to incidents involving James and Sharon Hoffman. (See Affidavit of Kevin Hale, attached as Exhibit K.) 24. The Town of Ansonia and Ansonia Police Department has no official or

unofficial policy, practice or custom to refuse to take civilian complaints regarding the filing of false police reports in the context of neighborhood disputes. (See Affidavit of Kevin Hale, attached as Exhibit K.) 25. It is the official policy of the Ansonia Police Department to respond to

and investigate complaints at and within the judgment and discretion of the investigating officers and within the judgment and discretion afforded to them by law. (See Affidavit of Kevin Hale, attached as Exhibit K.) 26. It is the official policy of the Ansonia Police Department to effectuate an

arrest within the judgment and discretion of the investigating officers, and within the

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judgment and discretion afforded to them by law, where such an arrest is warranted under the law. (See Affidavit of Kevin Hale, attached as Exhibit K.) DEFENDANTS, TOWN OF ANSONIA, SERGEANT ZALINSKY AND KEVIN HALE

By____/s/_Beatrice S. Jordan____ Beatrice S. Jordan ct22001 Howd & Ludorf 65 Wethersfield Avenue Hartford, CT 06114 (860) 249-1361 (860) 249-7665 (Fax) [email protected]

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CERTIFICATION This is to certify that a copy of the foregoing has been sent, handling charges prepaid, via U.S. Mail, to the following counsel of record this 18th day of January, 2005.

Kit Engstrom, Esquire Kim Coleman Waisonovitz, Esquire Norman A. Pattis, Esquire Williams and Pattis, LLC 51 Elm Street, Suite 409 New Haven, CT 06510

______/s/_Beatrice S. Jordan____ Beatrice S. Jordan

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