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

Case 3:01-cv-01913-DJS

Document 111

Filed 11/07/2006

Page 1 of 4

UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT HOWARD JOHN GOMBERT, JR.,: Plaintiff : : v. : : LARRY LYNCH and WILLIAM : KAMINSKI, : Defendants : CIVIL ACTION NO. 3:01CV1913(DJS)

NOVEMBER 7, 2006

DEFENDANTS' RESPONSE TO PLAINTIFF'S LOCAL RULE 56(a)1 STATEMENT OF FACTS Pursuant to Local Rule 56(a)2, defendants Larry Lynch and William Kaminski respectfully submit this Response to the plaintiff's Local Rule 56(a)1 Statement of Facts in Opposition to the plaintiff's Motion for Partial Summary Judgment. FACTS 1. 2. Admitted. Admitted only insofar as the plaintiff was arrested

by members of the New Milford Police Department ("NMPD") on February 29, 2000. Defendant Lynch was not present and did not Affidavit of

participate in the February 29, 2000 arrest.

Larry Lynch of 10/24/06 (hereinafter "Lynch Aff."), ¶4.

Case 3:01-cv-01913-DJS

Document 111

Filed 11/07/2006

Page 2 of 4

3.

Admitted, only insofar as Defendant Lynch removed Affidavit of Larry Lynch

certain items that were inventoried.

of 10/24/06 (hereinafter "Lynch Aff."), ¶44. 4. 5. Admitted. Admitted only insofar as the March 1 warrant Denied that the defendants

concerned a search of the home.

were not authorized to remove items from the car for safekeeping. 6. 7. Lynch Aff., ¶51.

Admitted. Denied that defendants "searched and seized."

Admitted that Investigator Lynch removed items that were in plain view in the car for safekeeping. Lynch Aff., ¶51.

Denied to the extent that this calls for a legal conclusion. 8. Admitted with respect to Investigator Lynch. Lynch Aff., ¶51; Denied

with respect to Investigator Kaminski.

Affidavit of William Kaminski of 10/24/06, ¶¶22, 24. 9. Denied that the defendants "seized" items from the Admitted that a warrant was obtained on May

plaintiff's car.

8, 2000 to search contents of containers that were held for safekeeping. Lynch Aff., ¶51.

2

Case 3:01-cv-01913-DJS

Document 111

Filed 11/07/2006

Page 3 of 4

DEFENDANTS, LARRY LYNCH and WILLIAM KAMINSKI BY /SS/ James N. Tallberg Federal Bar No.: ct17849 Karsten & Dorman, LLC 29 South Main Street West Hartford, CT 06107 Their Attorney Tel. 860-521-4800 Fax. 860-521-7500 [email protected]

3

Case 3:01-cv-01913-DJS

Document 111

Filed 11/07/2006

Page 4 of 4

CERTIFICATION I hereby certify that, on November 7, 2006, a copy of the foregoing was filed electronically and served by mail on anyone unable to accept electronic filing. Notice of this filing will

be sent by e-mail to all parties by operation of the Court's electronic filing system or by mail to anyone unable to accept electronic filing. Court's system. /SS/ James N. Tallberg Parties may access this filing through the

4