Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Fernandez-Bravo v. Town of Manchester

United States District Court, D. Connecticut

December 14, 2016

PEDRO CRISTIAN FERNANDEZ-BRAVO, Plaintiff,
v.
TOWN OF MANCHESTER, CHIEF MARC L. MONTMINY, OFFICER MARIA GARAY, SERGEANT JOHN MASTON, and CLAUDIA ROJAS

          MEMORANDUM OF DECISION ON DEFENDANTS' MOTION FOR SUMMARY JUDGMENT

          WARREN W. EGINTON SENIOR UNITED STATES DISTRICT JUDGE

         This is an action by Pedro Cristian Fernandez-Bravo against the Town of Manchester, Connecticut; Chief of Police Marc L. Montminy; Officer Maria Garay; Sergeant John Maston; and plaintiff's ex-wife, Claudia Rojas. Plaintiff alleges unlawful detentions, arrests and seizures in violation of the Fourth and Fourteenth Amendments against Garay and Rojas (Count I); unlawful detentions, arrests and seizures in violation of Article 1, Sections 7 and 9 of the Connecticut Constitution against Garay and Rojas (Count II); violation of substantive due process in violation of the Fourteenth Amendment against Garay and Rojas (Count III); deprivation of First and Fourteenth Amendment rights to speech and to petition the government against Garay, Rojas, and Maston (Count IV); deprivation of rights to free speech under Article I, Sections 4, 5, and 14 of the Connecticut Constitution against Garay, Rojas, and Maston (Count V); abuse of criminal process against Garay, Rojas, and Maston (Count VI); malicious prosecution against Garay and Rojas (Count VII); conversion of personal property against Rojas (Count VIII); statutory theft of personal property against Rojas (Count IX); intentional infliction of emotional distress against Garay and Rojas (Count X); civil conspiracy against Garay and Rojas (Count XI); policies or customs of deliberate indifference to the constitutional rights of citizens, residents, and visitors against the Town and Montminy (Count XII).

         Defendants Town of Manchester, Montminy, Maston, and Garay have moved for summary judgment as to plaintiff's complaint in its entirety.

         BACKGROUND

         The following undisputed facts are gleaned from the parties' statements of fact, affidavits, deposition transcripts, and other exhibit documentation.

         Pedro Cristian Fernandez-Bravo and Claudia Rojas were married in Chili in the early 1990s. The couple moved to the United States in March 2001 and divorced in 2006.

         In 2008, Fernandez-Bravo was arrested as a result of a domestic violence incident involving Rojas. On June 11, 2008, Rojas obtained a protective order against Fernandez-Bravo. The order was modified on October 6, 2008, to indicate that Fernandez-Bravo refrain from: imposing any restraint upon the person or liberty of the protected person; threatening, harassing, stalking, assaulting, molesting, sexually assaulting or attacking the protected person; entering the family dwelling, the dwelling of the protected person or wherever the protected person shall reside; and entering the place of employment of the protected person.

         On April 29, 2009, at 12:15 p.m., Fernandez-Bravo e-mailed Rojas, “TICK TOCK, time is running out; don't let your cowardice and that stupid loyalty to Mery continue to interfere with your future. Think about this: a real friend never would have allowed or supported something like that. Tick tock, my actions will be taken based on the same affection, loyalty, respect and, above all, consideration that you had for me. Tick tock, accept your responsibility. Don't continue with that pathetic attitude; be honest and go back to being the woman you were. In Noewish, you learned how to lie, deceive, and bring out the worst in yourself. DON'T YOU THINK THAT IT'S TIME TO DO THE RIGHT THING, AND THAT EVERYONE ALWAYS PAYS FOR THEIR MISTAKES? DON'T MAKE ME YOUR EXECUTIONER; IT'S ENOUGH FOR ME THAT YOU'VE BEEN THE EXECUTIONER OF YOUR ENTIRE FAMILY.” On April 29, 2009, at 12:32 p.m., Fernandez-Bravo e-mailed Rojas, “I BET NOW YOU WOULD GIVE ANYTHING TO INVEST THE TIME THAT YOU SPENT IN NORWICH WITH US. LEARN THAT WHEN YOU'RE GIVEN ADVICE, YOU HAVE TO TAKE IT...WHEN YOU DECIDE TO DO THE OPPOSITE OF WHAT YOUR FAMILY DECIDES, THINGS HAPPEN AND THERE ARE CONSEQUENCES...NOW IT'S THE SAME THING, TRY TO PAY ATTENTION TO ME THIS TIME, BECAUSE THERE WILL BE

         CONSEQUENCES FOR YOU, LIKE LONELINESS, DEPRESSION, AND REGRET...TAKE MY ADVICE; LET YOUR HEART, NOT YOUR COWARDICE, CONTROL YOUR LIFE. FOLLOW MY ADVICE AND YOU'LL BE ABLE TO OVERCOME THIS....THERE ARE THINGS THAT ARE IRREVERSIBLE....THERE ARE THINGS THAT YOU CAN CHANGE ..... TICK TOCK, TICK TOCK, TIME IS RUNNING OUT ON YOU; I WON'T CHANGE MY STANCE...I'M SORRY THAT YOU PLAYED WITH FIRE AND GASOLINE....DIDN'T YOU EVER THINK THAT YOU COULD GET BURNED???...”

         On April 29, 2009, at 12:38 p.m., Fernandez-Bravo e-mailed Rojas, “MY ENEMIES CHOOSE NOT TO GO A SECOND ROUND WITH ME, I TOLD YOU FOR YEARS THAT I DON'T LIKE BEING BETRAYED...AND YOU DID IT. SALVAGE THIS SITUATION BY DOING THE RIGHT THING.” On April 29, 2009, at 12:45 p.m., Fernandez-Bravo e-mailed Rojas, “HERE GOES:

         HAVE YOU HEARD THE PHRASE ONE WORD FROM YOU WILL BE ENOUGH TO CURE ME. MAYBE ONE LIE FROM YOU CAN CURE ME AND ONE FROM ME CAN CURE YOU BUT WE HAVE TO BEGIN BY BEING HONEST; EXAMINE YOURSELF NOW, BECAUSE THERE'S ONLY A DAY AND A HALF LEFT.”

         On April 29, 2009, at 2:53 a.m., Fernandez-Bravo e-mailed Rojas, “tick tock tick tock...Friday is still the deadline.” He also wrote, “In other words, Friday morning will be late. Remember that we have to talk for at least 3 hours in order to solve the problems; if you don't want to, fine, but...tick tock, tick tock, tick tock, tick, tock, tick tock, time is flying and running out, and my determination and Tatan's are solid as a rock.” On May 4, 2009, at 8:44 a.m., Fernandez-Bravo e-mailed Rojas, “…Plus, the second phase, which is going to make your hair stand on end when you find out. Claudia, I'm a very determined person, and I want you to be one now too. Don't sacrifice yourself for a lie, tell me the truth, and we'll see what happens. I can't promise you anything; I just tell you that Tatan is fully aware of all of the investigations, and he's also fully aware of your answers; just imagine what the boy thinks when they don't fit. Don't make me destroy you, I don't want to, I don't want to, I don't want to, I want you to gather your courage (just like when you came to an agreement with that son of a bitch) and call me. The deadlines that I'm giving are irreversible, and I won't give up on achieving my objective; if necessary, I'll sacrifice innocent parties just like you did. Claudia, think about it, because you've realized that I'm not playing around...believe me, believe me, I'm not playing around...” On June 15, 2009, Rojas met with Officer Maria Garay at the Manchester Police Department to get help concerning the e-mails from Fernandez-Bravo. Rojas told Garay that when she read the e-mails, she began to lose weight and sleep due to stress. The two discussed the possibility of Fernandez-Bravo tracking the location of Rojas's cell phone. Garay obtained the protective order against Fernandez-Bravo and determined that it was active and in full effect. Rojas provided a sworn statement detailing her concerns.

         On July 2, 2009, Fernandez-Bravo told Rojas that their son was at Manchester Hospital when, in fact, he was in a clinic in Vernon, Connecticut.

         On July 3, 2009, Garay went to Fernandez-Bravo's residence to speak with him about the e-mails. Fernandez-Bravo admitted to sending them.

         On July 15, 2009, Garay submitted a warrant application for the arrest of Fernandez-Bravo. The warrant was signed by Judge Ward the same day, and Garay called Rojas to notify her that the court order had arrived. Fernandez-Bravo was arrested on July 15, 2009. Sergeant John Maston set Fernandez-Bravo's bond at $250, 000.

         DISCUSSION

         A motion for summary judgment will be granted where there is no genuine issue as to any material fact and it is clear that the moving party is entitled to judgment as a matter of law. Celotex Corp. v. Catrett, 477 U.S. 317, 322 (1986). "Only when reasonable minds could not differ as to the import of the evidence is summary judgment ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.