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Miceli v. Mehr

United States District Court, D. Connecticut

August 14, 2018

ITALO ANTHONY MICELI, Plaintiff,
v.
JOHN MEHR et al., Defendants.

          RULING AND ORDER ON PENDING DISCOVERY MATTERS

          VICTOR A. BOLDEN UNITED STATES DISTRICT JUDGE.

         Italo Anthony Miceli (“Plaintiff”) has sued the Town of Rocky Hill (“Rocky Hill”) and its Town Manager John Mehr; Town Manager Guy Schiafe; Chief of Police Michael D. Custer; Robert Lombardo (collectively “Town Defendants”); and Police Lieutenant Robert Catania (“Individual Defendant”) under the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq. (“ADA”), and 42 U.S.C. § 1983, alleging violations of the First Amendment to the United States Constitution. He also brings claims under the Connecticut State Constitution and the Connecticut Fair Employment Practices Act, Conn. Gen. Sec. § 46a-60(a) and alleges intentional infliction of emotional distress, defamation, and tortious interference at common law.

         Intervenor Daigle has moved to quash a third-party subpoena Mr. Miceli served on him. Mr. Miceli has moved to compel the production of discovery, and in response, Intervenor Daigle has moved for a protective order. Finally, Mr. Micheli has moved for a status conference.

         For the following reasons, the motion to compel is DENIED. The motion to quash is GRANTED. The motions for a protective order and for a status conference are DENIED as moot.

         I. FACTUAL AND PROCEDURAL BACKGROUND

         Mr. Miceli alleges that Defendants have engaged in systemic discrimination based upon a perceived mental disability and alleged retaliation for engaging in protected conduct while he was employed by Rocky Hill. Compl. ¶ 12. The relevant facts, as alleged in the Complaint, are as follows.

         A. Factual Allegations

         Mr. Miceli alleges that, in October 2014, Mr. Sciafe, the newly appointed Town Manager, began what was to become a pattern of harassment and discrimination, based on alleged false complaints against Mr. Miceli made by Mr. Lombard. Compl. ¶ 19. Mr. Miceli alleges that Mr. Lombardo and Mr. Catania initiated, based on “false information, ” id. ¶ 25, a “campaign of slander and false complaints” that Defendants used to harass and intimidate Mr. Miceli based upon their alleged perception that he suffered from post-traumatic stress disorder (“PTSD”). Id. ¶¶ 20-21.

         In June 2015, Mr. Miceli alleges that he made a complaint to the State of Connecticut Chief State's Attorney regarding Mrs. Sciafe, Catania, and Lombardo. Id. ¶ 23. In December 2015, he filed a complaint with the Connecticut Commission on Human Rights and Opportunities. Id. ¶ 28. After making both complaints, Mr. Miceli alleges that he was unduly suspended from work and the subject of various internal investigations in retaliation for complaining of Defendants' conduct. Id. ¶¶ 24-27, 29-35.

         Mr. Miceli alleges he was unlawfully terminated in November 2016. Id. ¶ 36.

         B. Procedural Background

         The current discovery dispute arises from Mr. Miceli's request for exhibits relating to an internal affairs investigation Rocky Hill conducted into alleged misconduct by Mr. Cantania.

         On September 19, 2016, the Rocky Hill contracted with Eric Daigle and Daigle Law Group, LLC, to conduct an internal affairs investigation of Mr. Robert Catania for alleged misconduct in his handling of Rocky Hill Internal Affairs Investigation #16-11, as well as claims of sexual harassment and a hostile work environment, to determine if there existed a violation of Rocky Hill Police Department policy and procedure (“Rocky Hill Police Department Internal Affairs investigation #16-12” or “Report”). Mot. to Quash at 3, ECF No. 80. Mr. Daigle's investigation included an analysis and review of Rocky Hill Police Department documentation and taking statements of parties and witnesses, and Mr. Daigle represents that the investigation was never concluded due to Mr. Catania's retirement. Id.

         Before the conclusion of the investigation, however, Mr. Daigle allegedly produced a “draft” Report to ...


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