United States District Court, D. Connecticut
MEMORANDUM OF DECISION ON DEFENDANT'S MOTION FOR
W. EGINTON SENIOR UNITED STATES DISTRICT JUDGE
case concerns alleged violation of the plaintiff Christopher
Paul's Fourth and Fourteenth Amendment rights based upon
an asserted malicious prosecution by defendant Edaliz Ramos.
Plaintiff also claims that defendant intentionally caused him
to suffer emotional distress. Defendant has filed a motion
for summary judgment. For the following reasons, the motion
for summary judgment will be granted.
support of the motion for summary judgment, the parties have
submitted statements of undisputed facts in compliance with
Local Rule 56(a)1, exhibits and affidavits. These materials
reflect that the following facts are undisputed.
November 29, 2009, plaintiff was arrested for kidnaping of a
minor relative in Massachusetts. The Westborough District
Court placed plaintiff on probation for a period of one year
ending in November 2013. As a condition of probation,
plaintiff was required to provide his probation officer with
verification that he did not possess any firearms, if
applied for transfer of his probation supervision to
Connecticut where he resided. The transfer was accepted.
November 26, 2012, plaintiff reported to defendant Probation
Officer Edaliz Ramos for intake. Plaintiff refused to
complete a substance abuse survey. After plaintiff was
informed that he would be referred for a Mental Health
Evaluation, he indicated that he would only go to a mental
health provider who would “not make him look
November 28, 2012, Probation Supervisor Green determined that
plaintiff should be supervised as a Mental Health Client.
Probation Officer Ramos informed plaintiff that he needed to
obtain a mental health evaluation within two weeks and
provide verification that he was no longer in possession of a
December 4, 2012, plaintiff reported to Ramos for an office
visit. Ramos informed plaintiff that if he failed to abide by
the conditions of probation, his case would be sent back to
Massachusetts. Ramos asked plaintiff about a firearm
registered to him. He responded that it was a “dead
issue.” Ramos then told plaintiff that he needed to get
verification from the state police that he was no longer in
possession of the firearm registered to him.
also reported that he had had five mental health evaluations,
although he refused to provide any such evaluation to Ramos
and he refused to provide Ramos with a release so that she
could obtain a copy from his provider.
December 5, 2012, Ramos sent an offender violation report to
Massachusetts regarding plaintiff's possible possession
of a firearm and his refusal to attend a mental health
evaluation or provide a medical release to Ramos.
December 7, 2012, the Westborough District Court amended
plaintiff conditions of probation to provide that plaintiff
submit to a mental health evaluation and verify by December
12, 2012, the status of any firearm he may own or have owned.
December 11, 2012, plaintiff had an office visit with Ramos,
at which time he refused to call a doctor for a mental health
evaluation and refused to sign a release. He was informed
that he needed to comply with the conditions of probation
regarding his firearm verification by December 12, 2012.
December 12, 2012, the West Hartford police reported that
they had confiscated 16 firearms from plaintiff in 2009.
However, the firearm that appeared as registered to plaintiff