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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF CONNECTICUT MARCIA CHACON, ET AL., Plaintiffs, v. EAST HAVEN POLICE DEPARTMENT, ET AL., Defendants. : : : : : : : : CIV. NO. 3:10 CV 1692 (JBA)
DECEMBER 23, 2011
DEFENDANTS OBJECTION TO PLAINTIFFS MOTION TO DISMISS Pursuant to Fed.R.Civ.P. Rule 41(a)(2), the defendants, Dennis Spaulding, David Cari, Jason Zullo, the Town of East Haven, and the East Haven Police Department (hereinafter EHPD), respectfully submit this objection to Plaintiffs Motion to Dismiss dated December 12, 2011 on the following grounds: 1. The plaintiff Yadanny Garcia requests this Court to dismiss his claims in
this case pursuant to Rule 41(a)(2) with prejudice but without costs. 2. In the plaintiffs October 26, 2010 Complaint, Mr. Garcia alleged that on
August 8, 2009, he was traveling as a passenger in his cousins vehicle. He and his cousin stopped at a restaurant to use the restroom. While standing outside the restaurant, Mr. Garcia claimed that Officers Zullo, Montagna, Sorbo and Lennon ran at him yelling get on the ground. When Officer Zullo arrived, Mr. Garcia alleged that
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LYNCH, TRAUB, KEEFE AND ERRANTE, P. C. ATTORNEYS AT LAW 52 TRUMBULL STREET P.O. BOX 1612 NEW HAVEN, CONNECTICUT 06506-1612 TELEPHONE (203) 787-0275 FACSIMILE (203) 782-0278
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Zullo punched and tasered him repeatedly without justification. He further alleged that Officer Zullo called him a f---ing Ecuadorian and told Garcia to go back to his country. Complaint 88-91. 3. These allegations are offensive and completely without merit.
Nevertheless, the allegations alone garnered mass media attention casting Officer Zullo, the EHPD, and the Town of East Haven in a terrible light. 4. As set forth fully in Defendants Objection to Plaintiffs Motion to Dismiss
dated December 16, 2011 and filed by co-defendants Frank Montagna, Edward Lennon and Michael Sorbo, Mr. Garcias claims are demonstrably false and he is not a credible witness. On August 8, 2009, Mr. Garcia was not traveling as a passenger in his cousins vehicle or merely standing outside a restaurant being unjustifiably assaulted by police. Rather, he was driving while intoxicated and attempted to evade a DUI sobriety checkpoint. He shifted his car in reverse almost causing an accident and drove up over a curb. He then fled on foot behind Michaels Caf, attempted to hide in heavy brush and resisted Officer Zullos efforts to apprehend him. 5. After allowing his meritless allegations to sit in the public sphere for over
an entire year, smearing Officer Zullos reputation, and dragging the defendants into court, Mr. Garcia requests permission to withdraw his allegations without any
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LYNCH, TRAUB, KEEFE AND ERRANTE, P. C. ATTORNEYS AT LAW 52 TRUMBULL STREET P.O. BOX 1612 NEW HAVEN, CONNECTICUT 06506-1612 TELEPHONE (203) 787-0275 FACSIMILE (203) 782-0278
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explanation and without any sanction for filing such a meritless claim. This should not be permitted by the court. 6. These defendants do not object to the dismissal with prejudice of all
claims against defendants Frank Montagna, Edward Lennon and Michael Sorbo. However, these defendants object to Mr. Garcia being permitted to make and then withdraw such outlandish claims without any costs or sanctions whatsoever to him. THE DEFENDANTS DENNIS SPAULDING, DAVID CARI, JASON ZULLO, TOWN OF EAST HAVEN & EAST HAVEN POLICE DEPARTMENT, /s/ HUGH F. KEEFE HUGH F. KEEFE Federal Bar No. ct05106 NANCY F. MYERS Federal Bar No. ct24353 Lynch, Traub, Keefe, & Errante 52 Trumbull Street New Haven, CT 06510 Phone: (203) 787-0275 Fax: (203) 782-0278
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LYNCH, TRAUB, KEEFE AND ERRANTE, P. C. ATTORNEYS AT LAW 52 TRUMBULL STREET P.O. BOX 1612 NEW HAVEN, CONNECTICUT 06506-1612 TELEPHONE (203) 787-0275 FACSIMILE (203) 782-0278
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CERTIFICATE OF SERVICE I hereby certify that on December 23, 2011, 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 Courts electronic filing system or by mail as indicated on the Notice of Electronic Filing. Parties may access this filing through the Courts CM/ECF System.
/s/
HUGH F. KEEFE
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LYNCH, TRAUB, KEEFE AND ERRANTE, P. C. ATTORNEYS AT LAW 52 TRUMBULL STREET P.O. BOX 1612 NEW HAVEN, CONNECTICUT 06506-1612 TELEPHONE (203) 787-0275 FACSIMILE (203) 782-0278
