Civil Rights & Constitutional Law

Decision

Winslow v. Lemma

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Monday, March 25, 2013

To establish a First Amendment retaliation claim, a plaintiff must prove that a causal connection exists between the plaintiff's protected activity and an adverse action.

Decision

State v. Comollo

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Monday, March 18, 2013

As expressed in the 2012 Connecticut Appellate Court decision in State v. Doyle, "when a question of fact is essential to the outcome of a particular legal determination that implicates a defendant's constitutional rights?[the Appellate Court's] customary deference to the trial court's factual findings is tempered by a scrupulous examination of the record to ascertain that the trial court's factual findings are supported by substantial evidence."

Decision

Mpala v. City of New Haven

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Monday, March 4, 2013

Individuals who allege selective enforcement, in violation of the Equal Protection Clause, must establish: 1.) they were treated differently than similarly situated individuals; and 2.) impermissible considerations such as race, religion or malicious or bad faith intent to injure existed.

Decision

Doe v. Waraksa

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Monday, March 4, 2013

An individual's work as a town volunteer may be insufficient to prove that the individual acted "under color of" state law, for purposes of a §1983 count against the municipality.

Decision

Aguilar v. State

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Monday, March 4, 2013

Personal involvement of the defendant official in an alleged constitutional deprivation is a required element, to obtain damages under §1983.

Decision

Villeneuve v. State

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Monday, February 25, 2013

There may be no judicial controversy present, when an individual requests a declaratory judgment that he possesses the constitutional right under the First Amendment to attempt to commit suicide on public property, as a form of political commentary and protest.

Decision

Eaddy v. Jemiola

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Monday, February 18, 2013

A union that represents police officers may not possess a duty to citizens to negotiate with the city, to include a requirement that police officers receive formal, written performance evaluations that hold them accountable for their conduct.

Decision

Wellswood Columbia LLC v. Town of Hebron

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Monday, February 18, 2013

A plaintiff who possesses a state remedy, pursuant to Article 1, §11 of the Connecticut Constitution, for a takings claim, may be required to pursue that remedy, prior to commencing suit in District Court, alleging that the government took the plaintiff's property without adequate compensation.

Decision

McKnight v. State

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Monday, February 11, 2013

The State of Connecticut and the Department of Correction do not qualify as "persons," for purposes of civil-rights claims under 42 U.S.C. §1983.

Decision

Rodriguez v. MacDougall Walker C.I.

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Monday, February 4, 2013

In a civil-rights suit under 42 United States Code §1983, a prison facility does not qualify as a "person," and it cannot be sued.