April 11, 2019
[Copyrighted Material Omitted]
Court in the judicial district of Waterbury, where the court,
V. Sabatini, Newington, for the appellant (plaintiff).
M. Cieslak, with whom were Sarah L. Wilber Hartford, and, on
the brief, Michael J. Rose, for the appellee (defendant).
Elgo and Pellegrino, Js.
Conn.App. 607] In this employment discrimination action, the
plaintiff, Ulyses Alvarez, appeals from the summary judgment
rendered in favor of the defendant, the city of Middletown.
The dispositive issue is whether the court properly
determined that no genuine issue of material fact existed as
to whether the defendants nondiscriminatory justification
for the plaintiffs discharge was merely a pretext for
unlawful discrimination. We affirm the judgment of the trial
memorandum of decision, the court set forth the following
undisputed facts, as gleaned from the pleadings, affidavits
and other proof submitted. "The plaintiff is a Hispanic
American citizen of Puerto Rican descent residing in
Waterbury, and was employed as a [192 Conn.App. 608]
probationary police officer by the defendant. In October of
2013, the plaintiff applied to the defendant for a position
as a police officer and went through the hiring process,
which included a background check and an interview with the
chief of police. The plaintiff alleges that [when] Detective
Thomas Ganley was performing [his] background check, [Ganley]
remarked that the plaintiff was too clean, in reference to
the plaintiff being a Puerto Rican from Waterbury.
Nevertheless, the plaintiffs background check cleared and
Ganley recommended the plaintiff move forward in the hiring
process.... [T]he plaintiff [subsequently] was interviewed by
Police Chief William McKenna. During the interview, the
plaintiff claims that McKenna asked him if the plaintiff had
any side bitches or baby mama drama he should know about.
Even so, shortly thereafter the plaintiff received a
conditional offer of employment on November 13, 2013,
provided he undergo training at the Police Officer Standards
and Training Council (POST).
"The plaintiff began attending POST on January 6, 2014.
While there, the plaintiff was the only Hispanic cadet out of
six recruits, and he alleges that he was subjected to racial
slurs and derogatory language by some of his fellow
trainees.... [T]he plaintiff graduated from POST on June 14,
2014, and he subsequently entered into the [defendants]
field training program. His supervising officer during this
period made note of several performance deficiencies,
including a lack of situational awareness, organizational
issues, difficulty writing reports and [responding to]
various calls, and the plaintiff initially failed his
firearms training. His schedule was adjusted in response. On
November 12, 2014, the plaintiff was cleared to conduct
patrol work on his own.
"On February 4, 2015, a female resident, Jane Doe, came
into the police headquarters and reported that [192 Conn.App.
609] the plaintiff groped her and made her feel his genitals
through his pants while he was responding to a reported
domestic incident at her home. The plaintiff denied these
allegations, but was placed on administrative leave on
February 18, 2015, ...