United States District Court, D. Connecticut
[Copyrighted Material Omitted]
M. Berke, Law Office of Robert M. Berke, Bridgeport, CT, for
C. Yale, Michael C. Conroy, Elliot B. Spector, Hassett &
George, PC, Simsbury, CT, for Defendant.
AND ORDER ON MOTION FOR SUMMARY JUDGMENT
A. BOLDEN, UNITED STATES DISTRICT JUDGE.
Vasquez ("Plaintiff") sued David Garcia
("Defendant") under 42 U.S.C. § 1983, alleging
violations of her substantive due process rights under 42
U.S.C. § 1983 and for negligent infliction of emotional
distress and assault under Connecticut law.
Garcia has moved to for summary judgment.
following reasons, Mr. Garcia's motion for summary
judgment is GRANTED.
Vasquez's Section 1983 claims are dismissed as a matter
of law and the Court declines to exercise supplemental
jurisdiction over her remaining state law claims, resulting
in the closing of this case.
FACTUAL AND PROCEDURAL BACKGROUND
case arises out of a series of text messages sent from Mr.
Garcia, an officer and a detective in the Bridgeport Police
Department, to Ms. Vasquez between February 26, 2015, and
April 19, 2016. Def. Statement of Material Fact, ECF No. 34-1
¶ 1 (Apr. 12, 2019) ("Def. SMF"); Pl.
Statement of Facts in Opposition, ECF No. 38 ¶ 1 (May
20, 2019) ("Pl. SMF"); Compl., ECF No. 1 ¶ 5
(May 23, 2017).
point before February 2015, Ms. Vasquez filed a larceny
complaint with the Bridgeport Police Department. Pl.
Additional Material Facts, ECF No. 38 at 5 (May 20, 2019)
("Pl. Additional Facts"). Mr. Garcia, in his
capacity as detective for the Bridgeport Police Department,
investigated it. During the course of this investigation, Mr.
Garcia and Ms. Vasquez "had
numerous conversations." Id. Ms. Vasquez had
asked for Mr. Garcia's help because they had socialized
together previously. Def. SMF ¶ 5; Pl. SMF ¶ 5. Ms.
Vasquez's then boyfriend was a close friend of Mr.
Garcia. Def. SMF ¶ 2; Pl. SMF ¶ 2.
March 4, 2016, by text message, Ms. Vasquez asked Mr. Garcia
"to inquire about items taken from here that [were]
being investigated by the defendant." Pl. Additional
Facts at 5. Mr. Garcia told her that he would call in an
hour. Id. Between March 4 and March 5 of 2016, Mr.
Garcia, however, sent a series of graphic and sexual texts to
Ms. Vasquez. Def.'s Exhibit A, ECF No. 34-2 at 2 (Apr.
12, 2019) ("Def. Exh. A"). The content of these
text messages "did not mention, refer, or to relate
[sic] to any police business or investigation." Def. SMF
time of these messages, Ms. Vasquez lived in New Haven,
Connecticut, rather than Bridgeport, Connecticut. Def. SMF
¶ 9; Pl. SMF ¶ 9. Mr. Garcia, however, did not know
that she had moved to New Haven. Id. After receiving
the graphic and sexual text messages, Ms. ...