Mayo v. New Britain et al
Plaintiff: Alfred P. Mayo
Defendant: Stafford, Soucy, Jeanette V. Fernandez, Alan C. Mason, Carlos Burgos, Benjamin M. Murphy, A.J. Perez, City of New Britain, Thomas Steck, Nathan Soucy, Felix Perez, Jeanette Portalatin and Robert Stafford
Case Number: 3:2020cv00354
Filed: March 16, 2020
Court: US District Court for the District of Connecticut
Office: New Haven Office
Presiding Judge: Jeffrey A Meyer
Nature of Suit: Civil Rights: Other
Cause of Action: 42:1983
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on May 5, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 5, 2020 REQUEST FOR WAIVER of Service Packets containing the Amended Complaint (Doc. #19) mailed to Fernandez, Steck, Murphy, Burgos, Mason, Soucy, Stafford, Portalatin, and Perez on 5/5/2020 c/o the municipal clerk of the City of New Britain, 27 West Main Street, Ste. 109, New Britain, CT 06051. Waiver of Service due by 6/9/2020. (Freberg, B)
April 30, 2020 Opinion or Order Filing 20 ORDER RE AMENDED COMPLAINT. The Court GRANTS the plaintiff's motion to amend his complaint, Doc. #19 . The amended complaint sufficiently addresses the deficiencies identified in the Courts prior order that the action will be permitted to proceed against defendants Burgos, Fernandez, Mason, Murphy, Perez, Portlatin, Soucy, Stafford, and Steck. The City of New Britain remains dismissed; the complaint as amended still fails to allege facts that would satisfy the standard set forth in Monell, as discussed in the Courts prior order. See Doc. #15. This initial determination is without prejudice to plaintiff's filing of an amended complaint and to the right of any defendant to file a motion to dismiss pursuant to Fed. R. Civ. P. 12. The Clerk of Court shall serve the amended complaint in place of the prior complaint (Doc. #14), in accordance with the Court's order at Doc. #18. It is so ordered. Signed by Judge Jeffrey A. Meyer on 4/30/2020. (Webley, A)
April 13, 2020 Filing 19 AMENDED COMPLAINT against Carlos Burgos, Jeanette V. Fernandez, Alan C. Mason, Benjamin M. Murphy, City of New Britain, A.J. Perez, Jeanette Portalatin, Soucy, Stafford, Thomas Steck, filed by Alfred P. Mayo.(Freberg, B)
April 13, 2020 Opinion or Order Filing 18 ORDER RE SERVICE OF PROCESS. In accordance with Conn. Gen. Stat. 52-57(b)(7) and Field v. City of Hartford, 2019 WL 4279011, at *4 (D. Conn. 2019), service of process on the municipal defendants may be effectuated by means of service of process of two copies of the summons and complaint on the municipal clerk of the City of New Britain. Accordingly, in light of plaintiff's in forma pauperis status, the Clerk of Court shall serve two copies of the service package for each one of the individual defendants on the municipal clerk of the City of New Britain. It is so ordered. Signed by Judge Jeffrey A. Meyer on 4/13/2020. (Webley, A)
April 3, 2020 Opinion or Order Filing 17 ORDER GRANTING IN PART MOTION FOR RECONSIDERATION (Doc. #16). The Court GRANTS in part the motion for reconsideration to the extent that plaintiff may file an amended complaint that alleges facts sufficient to overcome the deficiencies identified by the Court in its prior order with respect to those defendants who have been dismissed from this action. It is so ordered. Signed by Judge Jeffrey A. Meyer on 4/3/2020. (Freberg, B)
March 31, 2020 Filing 16 MOTION for Reconsideration re 15 Order. by Alfred P. Mayo. (Attachments: #1 Envelope)(Pipech, L.)
March 24, 2020 Opinion or Order Filing 15 ORDER RE AMENDED COMPLAINT, DISMISSAL OF CERTAIN DEFENDANTS, AND SERVICE OF COMPLAINT ON REMAINING DEFENDANTS. Plaintiff has filed an amended complaint (Doc. #14) in response to the Court's order to show cause (Doc. #9). On the basis of the amended complaint's allegation of malicious prosecution and its allegation that the false reporting charge against plaintiff was nolle'd within the 3-year statute of limitations, the Court is satisfied that the complaint--if given a liberal construction--adequately states a timely federal cause of action for Fourth Amendment malicious prosecution. See Spak v. Phillips, 857 F.3d 458 (2d Cir. 2017). The amended complaint, however, names several persons as defendants despite failing to allege in the body of the complaint any acts taken by such defendants. "It is well settled that, in order to establish a defendant's individual liability in a suit brought under 1983, a plaintiff must show, inter alia, the defendant's personal involvement in the alleged constitutional deprivation." Grullon v. City of New Haven, 720 F.3d 133, 138 (2d Cir. 2013). Moreover, under Monell v. New York City Dept. of Social Servs., 436 U.S. 658 (1978), a municipality is not liable in respondeat superior for the unconstitutional actions of its employees. Instead, a municipality may be liable only if an officer's violation of a plaintiff's constitutional rights was caused by a municipal policy, practice, or custom, or if it was caused by a municipality's deliberate indifference and inaction in light of a history of prior similar constitutional deprivations by municipal officers. See Outlaw v. City of Hartford, 884 F.3d 351, 372 (2d Cir. 2018). The complaint lacks such allegations as to the City of New Britain. Accordingly, this action shall be permitted to proceed solely against the following individual defendants as to whom plaintiff has alleged their personal involvement in the body of the amended complaint: Officer Jeanette (Jessica) Fernandez, Lt. Benjamin Murphy, Sgt. Carlos Burgos, and Officer Stafford. The Court dismisses plaintiff's claims without prejudice against the City of New Britain, Thomas Steck, Alan C. Mason, A.J. Perez, and Det. Soucy. This initial determination is without prejudice to plaintiff's filing of an amended complaint and to the right of any defendant to file a motion to dismiss pursuant to Fed. R. Civ. P. 12. In light of the Court's grant of plaintiff's motion for leave to proceed in forma pauperis, the Clerk of Court is requested to arrange service of the amended complaint (Doc. #14) on the following named defendants: Officer Jeanette (Jessica) Fernandez, Lt. Benjamin Murphy, Sgt. Carlos Burgos, and Officer Stafford. It is so ordered. Signed by Judge Jeffrey A. Meyer on 3/24/2020.(Freberg, B)
March 23, 2020 Filing 14 AMENDED COMPLAINT against Carlos Burgos, Jeanette V. Fernandez, Alan C. Mason, Benjamin M. Murphy, City of New Britain, A.J. Perez, Soucy, Stafford, Thomas Steck, filed by Alfred P. Mayo.(Pipech, L.)
March 23, 2020 Filing 13 RESPONSE TO #9 Order to Show Cause filed by Alfred P. Mayo. (Pipech, L.)
March 19, 2020 Opinion or Order Filing 12 ORDER DENYING MOTION FOR EXTENSION OF TIME (Doc. #11). The Court DENIES the motion for extension of time. Because plaintiff has access to CMECF and because plaintiff does not explain why the Corona virus impedes him from responding or conducting any necessary research by March 24, 2020, the Court declines to grant a further extension of time. If plaintiff believes he does not have access to any of the documents filed to date on the Courts docket, he may promptly call Judge Meyers chambers during business hours at (203) 773-2105 to request that any such documents be emailed to him. It is so ordered. Signed by Judge Jeffrey A. Meyer on 3/19/20. (Pesta, J.)
March 18, 2020 Filing 11 MOTION for Extension of Time until 45 days to respond to #9 Order to Show Cause, by Alfred P. Mayo. (Pipech, L.)
March 18, 2020 Opinion or Order Filing 10 ELECTRONIC FILING ORDER - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER. SELF-REPRESENTED FILERS ARE REQUIRED TO COMPLY WITH THE JUDGE'S STANDARD ELECTRONIC FILING ORDER WHICH IS ATTACHED. Signed by Judge Jeffrey A. Meyer on 3/18/2020.(Gutierrez, Y.)
March 17, 2020 Opinion or Order Filing 9 ORDER TO SHOW CAUSE. For the reasons stated in the attached opinion, it appears that the complaint is subject to dismissal on the ground that it does not allege a claim for a violation of the Constitution that is not barred by the statute of limitations. Mayo is directed to file a response by March 24, 2020 explaining why this action should not be dismissed, or to file by that date an amended complaint that sets forth factual allegations to overcome the deficiencies explained in this ruling. It is so ordered. Signed by Judge Jeffrey A. Meyer on 3/17/2020. (Webley, A)
March 17, 2020 Opinion or Order Filing 8 ORDER granting #2 Motion for Leave to Proceed in forma pauperis; granting #3 Motion to participate in electronic filing. Signed by Judge Jeffrey A. Meyer on 3/17/2020. (Webley, A)
March 16, 2020 Request for Clerk to issue summons as to Carlos Burgos, Jeanette V. Fernandez, Alan C. Mason, Benjamin M. Murphy, City of New Britain, A.J. Perez, Soucy, Stafford, Thomas Steck. (Murphy, Tatihana) Modified filed date on 3/17/2020 (Murphy, Tatihana).
March 16, 2020 Opinion or Order Filing 7 ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Jeffrey A. Meyer on 03/16/2020.(Murphy, Tatihana)
March 16, 2020 Opinion or Order Filing 6 STANDING PROTECTIVE ORDER Signed by Judge Jeffrey A. Meyer on 03/16/2020.(Murphy, Tatihana)
March 16, 2020 Opinion or Order Filing 5 Order on Pretrial Deadlines: Amended Pleadings due by 5/15/2020. Discovery due by 9/15/2020. Dispositive Motions due by 10/20/2020. Signed by Clerk on 03/16/2020.(Murphy, Tatihana) Modified signature on 3/17/2020 (Murphy, Tatihana).
March 16, 2020 Filing 4 Consent to Electronic Notice by Alfred P. Mayo. (Murphy, Tatihana)
March 16, 2020 Filing 3 MOTION by Self-Represented Litigant to Participate in Electronic Filing by Alfred P. Mayo. (Murphy, Tatihana)
March 16, 2020 Filing 2 MOTION for Leave to Proceed in forma pauperis by Alfred P. Mayo. (Murphy, Tatihana)
March 16, 2020 Filing 1 COMPLAINT against Carlos Burgos, Jeanette V. Fernandez, Alan C. Mason, Benjamin M. Murphy, City of New Britain, A.J. Perez, Soucy, Stafford, Thomas Steck, filed by Alfred P. Mayo. (Attachments: #1 Cover Sheet)(Murphy, Tatihana)

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Defendant: Stafford
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Defendant: Soucy
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Defendant: Jeanette V. Fernandez
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Defendant: Alan C. Mason
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Defendant: Carlos Burgos
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Defendant: Benjamin M. Murphy
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Defendant: A.J. Perez
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Defendant: City of New Britain
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Defendant: Thomas Steck
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Defendant: Nathan Soucy
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Defendant: Felix Perez
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Defendant: Jeanette Portalatin
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Defendant: Robert Stafford
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Plaintiff: Alfred P. Mayo
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