Free Motion for Judgment as a Matter of Law - District Court of Connecticut - Connecticut

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UNITED STATES DISTRICT COURT ~I-- T ` I I
DISTRICT OF CONNECTICUT IIIIII "I ` I I ` I
TAMMY D. RICHARDSON CIVIL ACTION N O.: I
PLAINTIFF 3:00CV1062JCH I
VS- At: Bridgeport I
METROPOLITAN DISTRICT COMMISSION, et al I
DEFENDANTS January 23, 2004 I
DEFENDANTS' MOTION FOR JUDGMENT AS A MATTER OF LAW I
The Defendants, Metropolitan District Commission and Jeffrey Johnson, I
move for judgment on the Plaintiff’ s claim for punitive damages. The Plaintiff I
has asserted a claim for punitive damages which is not supported by the law. The
Plaintiffs action is against the Metropolitan District Commission as a I
municipality, and Jeffrey Johnson in his official capacity only. Punitive damages I
cannot be awarded against a municipality nor a defendant in his official capacity. I
The punitive damage claim should be dismissed. The Plaintiff does not have this I
remedy available to her under the claims presented. See Looby v. City of i
Hartford, 152 F. Supp. 2d 181 (D. Conn 2001), and Heritage Homes, Etc. v.
Seekunk Water District, 670 F2d 1 (1982 A. Mass), and the Family Medical I
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ase 3:00-cv-O1((62\;CH Document 92 Filed O1/26X5004 Page 2 of 2 I
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Leave Act, 29 U.S.C. Section 2617.
DEF ENDANTS,
METROPOLITAN DISTRICT COMMISSION and JEFFREY JOHNSON 2
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BY ¤ · ‘ ..--K I
ANT O . ALERMINO
Their Attorney
Law Offices of Anthony J. Palermino, LLC i
945 Wethersfield Avenue
Hartford, Connecticut 061 14
(860) 296-0035
ct05651
CERTIFICATION
I HEREBY CERTIFY that a copy of the foregoing was mailed, postage prepaid,
on the 23rd day of January, 2004 to Attorney Paul M. Ngobeni, 914 Main Street,
Suite 206, East Hartford, East Hartford, CT 06108. I
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AN NY J. PALERMINO
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