United States District Court, D. Connecticut
RULING AND ORDER ON MOTIONS TO DISMISS
VICTOR
A. BOLDEN UNITED STATES DISTRICT JUDGE
Richard
Hoegemann (“Plaintiff”) brings this Complaint
against East Haven Police Officer Donato Palma and
Connecticut Parole Officers Jennifer Desena, James Long,
Frank Mirto, Randy Lagana, Michael Cardona, Kate Fortuna, and
Sheila Thompson. Specifically, Mr. Hoegemann asserts that Mr.
Lagana and Mr. Cardona violated Mr. Hoegemann's rights
under the Fourteenth Amendment, and Mr. Mirto, Ms. Desena,
Mr. Long, Ms. Furtuna, Ms. Thompson, Mr. Palma violated Mr.
Hoegemann's rights under the Fourth Amendment.
Mr.
Palma now moves to dismiss the Complaint, or, in the
alternative, he asks the Court to enter summary judgment in
his favor. ECF No. 17.
Mr.
Lagana and Mr. Cardona have moved to dismiss the Complaint.
ECF No. 28 Ms. Fortuna and Ms. Thompson have moved to dismiss
the Complaint. ECF No. 29.
For the
following reasons, the Court GRANTS Mr.
Lagana and Mr. Cardona's motion to dismiss and
GRANTS Ms. Fortuna and Ms. Thompson's
motion to dismiss. The Court DENIES Mr.
Palma's motion to dismiss without prejudice to renewal.
I.
FACTUAL AND PROCEDURAL BACKGROUND
On
August 26, 2016, Mr. Hoegemann, proceeding pro se,
sued East Haven Police Officer Donato Palma and Connecticut
Parole Officers Jennifer Desena, James Long, Frank Mirto,
Randy Lagana, Michael Cardona, Kate Fortuna and Sheila
Thompson. ECF No. 1. Specifically, Mr. Hoegemann asserted
that Mr. Lagana and Mr. Cardona violated Mr. Hoegemann's
rights under the Fourteenth Amendment; Mr. Mirto, Ms. Desena,
Mr. Long, Ms. Furtuna, Ms. Thompson, and Mr. Palma violated
Mr. Hoegemann's rights under the Fourth Amendment;
Defendants violated his Fifth, Sixth, and Eighth Amendment
rights; and Ms. Desena violated his First Amendment rights.
Mr. Hoegemann also brought claims under 42 U.S.C.
§§ 1981 and 1985 and 18 U.S.C. §§ 241 and
242.
On
February 2, 2017, the Court issued an Initial Review Order
under 28 U.S.C. § 1915, dismissing all claims but Mr.
Hoegemann's § 1983 claims under the Fourth and
Fourteenth Amendments. ECF No. 8. Mr. Hoegemann's claims
under the Fourteenth Amendment's due process clause
against Mr. Lagana and Mr. Cardona; the Fourth Amendment
against Mr. Mirto, Ms. Desena, Mr. Long, Ms. Furtuna, Ms.
Thompson, and Mr. Palma for false arrest and unreasonable
search and seizure; and the Fourth Amendment against Ms.
Desena, Mr. Long, and Mr. Palma for violation of Mr.
Hoegemann's right to privacy survived. All claims are
against Defendants in their personal capacities.
On
April 25, 2017, counsel appeared on behalf of Mr. Hoegemann.
ECF No. 22.
Mr.
Palma has moved to dismiss the Complaint under Fed.R.Civ.P.
12(b)(6), or, in the alternative, under summarily enter
judgment against Mr. Hoegemann under Fed. R. Civ. P.
Mr.
Lagana and Mr. Cardona have moved to dismiss the Complaint as
against them. ECF No. 28. Ms. Fortuna and Ms. Thompson have
also moved to dismiss as against them. ECF No. 29.
II.
STANDARD OF REVIEW
A
complaint must contain a “short and plain statement of
the claim showing that the pleader is entitled to
relief.” Fed.R.Civ.P. 8(a). The Court will dismiss any
claim that fails “to state a claim upon which relief
can be granted.” Fed.R.Civ.P. 12(b)(6).
The
Court may also grant summary judgment if the record shows no
genuine issue as to any material fact, and the movant is
entitled to judgment as a matter of law. Fed.R.Civ.P. 56(a).
The moving party bears the initial burden of establishing the
absence of a genuine ...