United States District Court, D. Connecticut
RULING AND ORDER ON PENDING DISCOVERY
A. BOLDEN UNITED STATES DISTRICT JUDGE.
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.
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
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
FACTUAL AND PROCEDURAL BACKGROUND
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.
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.
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.
Miceli alleges he was unlawfully terminated in November 2016.
Id. ¶ 36.
current discovery dispute arises from Mr. Miceli's
request for exhibits relating to an internal affairs
investigation Rocky Hill conducted into alleged misconduct by
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
the conclusion of the investigation, however, Mr. Daigle
allegedly produced a “draft” Report to ...