After discovery, if the nonmoving party "has failed to make a sufficient showing on an essential element of case with respect to which has the burden of proof," then summary judgment is appropriate. A dispute regarding a material fact is genuine "`if the evidence is such that a reasonable jury could return a verdict for the nonmoving party.'" Aldrich v. A court must grant summary judgment "`if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact.'" Miner v. In a summary judgment motion, the burden is on the moving party to establish that there are no genuine issues of material fact in dispute and that it is entitled to judgment as a matter of law. For the following reasons, the motion is GRANTED as to the federal claims. The defendants argue that they are entitled to summary judgment on each of the plaintiff's claims, and they also argue that the defendant Thomas Sweeney is entitled to qualified immunity on the claims arising under federal law. This opinion considers the Defendants' Motion for Summary Judgment. She also asserts the state law causes of action of negligence, gross negligence, and fraudulent misrepresentation. from the Peeler brothers, utilizing flawed witness protection practices, and instituting a policy of encouraging minorities to cooperate with the police, the defendants violated Karen and B.J.'s federal constitutional rights to due process and equal protection. Pearline Clarke alleges that by failing to adequately protect Karen and B.J. The defendants are the City of Bridgeport and its former police chief, Thomas J. The plaintiff, Pearline Clarke, is B.J.'s grandmother and Karen's mother, and brought this action individually and as the administratrix of Karen and B.J.'s estates. and Karen Clarke to prevent them from testifying against his brother, Russell Peeler, who was awaiting trial for the murder of Karen Clarke's boyfriend in the Connecticut Superior Court. Adrian Peeler killed Leroy "B.J." Brown, Jr. This case arises out of the shocking murders of a young boy and his mother by a Bridgeport drug dealer named Adrian Peeler in January of 1999. RULING ON THE DEFENDANTS' MOTION FOR SUMMARY JUDGMENT Laske, III, Fairfield, CT, Barbara Brazzel-Massaro, Office of the City Attorney, Bridgeport, CT, for Defendants. Moniz, Moniz, Cooper & McCann, Hartford, CT, for Plaintiff.Īrthur C. SWEENEY, Individually and in his Official Capacity as Chief of Police of the City of Bridgeport and the City of Bridgeport, Defendants. Pearline CLARKE, Individually and as the Administratrix of the Estates of Leroy "B.J." Brown, Jr.
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