Civil Rights & Constitutional Law
Decision
State v. Esarey
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Monday, June 17, 2013
It is well settled that constitutional search and seizure violations are not structural improprieties requiring reversal, but rather, are subject to harmless error analysis.
Decision
State v. Santiago
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Monday, June 10, 2013
Because a prosecutor engaged in a deliberate pattern of improper conduct in this case and others, and he remained undeterred by pronouncements of the appellate courts that his conduct was improper, it was determined that nothing short of reversal would have the effect of deterring him.
Decision
State v. Kokkinakos
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Monday, June 10, 2013
Under Connecticut case law, there are two ways in which the public interest factor, the finding pursuant to Connecticut General Statutes (2007) §53a-40(j) that enhancement of a sentence is in the public interest, can be satisfied in the context of a guilty plea: the court can make an express finding or the defendant can expressly agree to the determination.
Decision
Anonymous v. City of Meriden
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Monday, June 10, 2013
A prerequisite to a plaintiff's claim for damages against a chief of police pursuant to 42 United States Code §1983 is the chief of police's personal involvement in the alleged constitutional deprivation.
Decision
Dutkiewicz v. City of Bristol
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Monday, June 3, 2013
A classification may not violate the Equal Protection Clause, if a rational relationship exists between the disparity of treatment and a legitimate government purpose.
Decision
Smith v. Santangelo
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Monday, June 3, 2013
Evidence that a city council changed its rules, to restrict the public portion of meetings to official business, and to restrict public comments on non-agenda items to the end of the meetings, which were not taped, may be insufficient to prove an unconstitutional prior restraint on core political speech, in violation of the 1st Amendment.
Decision
Avoletta v. State
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Monday, June 3, 2013
Legislation that authorizes parents to sue the State of Connecticut for tuition reimbursement for their children and that does not include a public purpose may constitute a public emolument.
Decision
Henderson v. Williams
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Monday, May 27, 2013
To prevail on claims of false arrest, a plaintiff must prove underlying charges ended in his favor.
Decision
Burgess v. Wallingford
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Monday, May 27, 2013
Absent any evidence that an individual was arrested because of a message on his shirt, which clearly constituted speech, police officers may be entitled to qualified immunity on the individual's First Amendment claim.
Decision
Smigelski v. DuBois
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Monday, May 27, 2013
To prevail on a motion to set aside or for a new trial, a plaintiff may be required to prove, by a preponderance of the evidence, that evidence could not have been discovered earlier as a result of due diligence.
