Free Memorandum in Support of Motion - District Court of Connecticut - Connecticut

i · ‘ Case 3:03-cv-OOQGSCASIG Document 120 Filed 10/2513004 p Page 1 of 4
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= UNITED STATES DISTRICT COURT i ”1‘- ¤ ‘·‘S1S ? ·` ' tit Y ~ l
DISTRICT or CONNECT cur l
THOMAS MATYASOVSZKY et al., on behalf of :
themselves and all others similarly situated, :
' Plaintiffs, : IVIL ACTION NO. g
: :03 CV 968 (WIG) I
V. :
nousme AUTHORITY or THE cm or Z cToRRR 25, 2004
p BRIDGEPORT et A1. ; A
l Defendants. : ?
MEMORANDUM or LAW in SUPPORT o Morron TO AMEND
COMPLAINT AND Join ROBERT GRAHAM S A PARTY DEFENDANT
I Plaintiffs seek the Court’s permission to tile an amended complaint and join the A
5 newly hired Interim Executive Director of defendant H using Authority of the City of E
Bridgeport ("BHA") Robert Graham as a party defend t.
1 Proposed defendant Robert Graham replaces pr posed defendant Patsy Michelle
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who, for a brief period, replaced former Acting Executi e Director, defendant Judit Grof-
Tisza. Ms. Grof-Tisza, in turn, had replaced defendant Collin Vice, who was fired from
E her position in December, 2003. Mr. Graham continue to enforce, and refuses to rescind y
the longstanding, illegal policies of his three immediate predecessors. He presides over a
housing authority that intentionally discriminates again t disabled people eligible for I
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l ` ` Case 3:O3-cv-OO968- IG Document 120 Filed 10/2€[$OO4 Page 2 of 4 {
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l elderly/disabled public housing. He has not addressed t e issues raised in this lawsuit
generally, and in the pending motion for a preliminary i junction in particular. Inclusion
l of Mr. Graham as a named party in the complaint is also necessary to ensure that the
l BHA complies with any relief ordered by this Court. i E
l Like his predecessors, Mr. Graham has failed to rescind policies and practices of J
the BHA that deny a housing opportunity to disabled pe ons to reside in elderly/disabled l
housing at the Fireside Apartments by limiting eligibili for such housing to only elderly
tenants. Occasionally admitting a person to elderly/disa led housing at Fireside and other
similar mixed population housing from the wrongfully e eluded class of applicants does
not constitute compliance on the part of the BHA with it obligations. Plaintiffs have
alleged claims under both state and federal housing acts, the Americans with Disabilities ,
Act, and the Rehabilitation Act. Mr. Graham is, or sho ld be aware that operation of l
Fireside as an "elder1y only" complex is unlawful and w uld only be permitted if the I
BHA had obtained permission from the United States D artment of Housing and Urban E
Development to do so. No such relief has been sought o granted. l
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i Case 3:03-cv-OO968@G Document 120 Fnled 10/2€@>O4 Page 3 of 4
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j B. Amendment of the Complaint to Add the ew Intermim Executive j
j Director Is Permitted Under Rule 15(a) and (d) Base on Her Supervisory Role.
A party joined by means of an amended pleadin must meet the standards of both
j Rule 15 and Rule 20. §@: Hinson v. Norwest Financia South Carolina Inc., 239 F.3d
611, 618 (4*** Cir. 2001).
The proposed defendant, as the interim chief exe utive of the defendant BHA, I
must be joined so that full relief may be provided to plai tiffs. Mr. Graham must also be
joined so that plaintiffs may hold him accountable for d ages and other relief for him
failure to rescind an obviously illegal policy and practic by the entity he leads. Justice
would require, under these circumstances, that the comp aint be amended to include Mr.
Graham as a defendant charged with operational respons bility for the defendant BHA.
A proposed amended complaint which so alleges is attac ed to this motion as an exhibit.
Conclusion
Based on the foregoing, the plaintiffs respectful] move that the proposed
defendant be joined as party defendant in this action, and that leave be granted to amend
the complaint accordingly.

l Case 3:03-cv-OO968{’WlG Document 120 Filed 10/Z?/-2)OO4 Page 4 of 4
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/ THE PLA ~ TIFFS, A
V BY _ in L y
` Alan Rosn r, Esq. (Ct 10414)
1115 Main Street, Suite 415
l Bridgeport CT 06604 V
I (203) 384- 245 y
Fax (203) 84-1246
Alanrosner 301.00111
CERTIFICATION J
This is to certify that a copy of the foregoing me orandum has been served by
regular first class mail postage prepaid on this 25 " day of October, 2004 to
Michael Ryan, Esq., Ryan, Ryan Johnson & Del ca, LLP, P.O. Box 3057, 80
Fourth stroot, Stamford, CT 06905-3057. [
Alan Rosner r
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