Free Trial Memo - District Court of Connecticut - Connecticut

Case 3:02-cv-01341-AWT

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT LEO FELIX CHARLES V. PAULINE HUSBAND : : : : : : : TRIAL MEMORANDUM Pursuant to this Court's order dated May 17, 2007, the plaintiff, LEO FELIX CHARLES, and the defendant, PAULINE HUSBAND, hereby respectfully jointly file this Trial Memorandum. 1. Trial Counsel: For the Plaintiff: Johanna G. Zelman, Esq. Michael J. Rose, Esq. Rose Kallor, LLP 750 Main Street, Suite 606 Hartford, Connecticut 06106 CASE 3:02CV1341(AWT)

AUGUST 3, 2007

For the Defendant: Neil Parille Matthew Beizer Assistant Attorneys General 110 Sherman Street Hartford, Connecticut 06105 2. Jurisdiction: The plaintiff's claims arise out of 42 U.S.C. § 1983. The court has

jurisdiction to hear this case pursuant to 28 U.S.C. §§ 1331 and 1343. 3. 4. Jury/Non-Jury: This is a jury case. Nature of the Case: This is a case brought by an inmate confined to the custody

of the Commissioner of Correction alleging that the defendant, a nurse employed by University of Connecticut Correctional ("UCONN") Managed Health Care, violated his

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right to equal protection of the laws secured by the U.S. Constitution and 42 U.S.C. § 1983. More specifically, Mr. Charles alleges that Nurse Husband violated his equal protection rights by denying him use of the bathroom in the prison medical facility because of his race. 5. Stipulations of Law and Fact: 1. The plaintiff, Leo Felix Charles, is an inmate confined to the custody of

the Connecticut Department of Correction ("DOC"). 2. The defendant, Nurse Pauline Husband, is employed by UCONN

Correctional Managed Health Care and provides nursing services to inmates within the custody of the Department of Correction. She was acting under color of law during the time of the alleged incidents in question. 6. Plaintiff's Contentions: The plaintiff contends that the Nurse Husband violated

the equal protection clause of the U.S. Constitution when she allegedly denied plaintiff's request to use the bathroom due to his race (African descent) but she permitted White and Hispanic inmates to use the bathroom. 7. Defendant's Contentions: The defendant denies the plaintiff's allegations. In

particular, she informed the plaintiff that if a male correctional officer was willing to supervise him urinate in a utility bathroom that this would be acceptable. The

correctional officer in charge of the inmates declined, informing her that the inmates in medical would shortly be transported back to their cells. The defendant denies that the plaintiff urinated on himself. The defendant maintains that inmates knew that bathroom facilities were limited and that they should use the facilities in their cell prior to coming to medical. The defendant maintains that the bathroom policy was followed uniformly

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and was not applied in a discriminatory manner. Further, she denies that anyone at Cheshire ever ordered her to act in a discriminatory manner toward any inmate based on his racial or ethnic background. 8. Legal Issues: (1) Whether the defendant violated the plaintiff's right to equal

protection of the laws secured by the U.S. Constitution and 42 U.S.C. § 1983 by allegedly denying him access to a bathroom while allowing Caucasian and Hispanic inmates to use the bathroom. (2) If so, what damages are appropriate. (3) Whether, if found liable, the defendant is entitled to qualified immunity. 9. 10. Voire Dire Questions: See attached. List of Witnesses: The plaintiff: Leo Felix Charles, Inmate No. 193138 Corrigan-Radgowski Correctional Institution 986 Norwich-New London Turnpike Uncasville, CT 06382 Oreby Holby Gregory Gaymon, Inmate No. 67327 Osborn Correctional Institution 335 Bilton Road, P.O. 665 Somers, CT 06071

The defendant: Pauline Husband, L.P.N. UCONN Correctional Managed Health Care 263 Farmington Avenue Farmington, Connecticut 06030

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Nurse Husband will testify to all matters relevant to the plaintiff's allegations including the events on the day in question and the policies of the DOC and Cheshire Correctional Institution with respect to the provision of medical services. Officer Wilfredo Silva Department of Correction 24 Wolcott Hill Road Wethersfield, Connecticut 06109 Officer Silva will testify to all matters relevant to the plaintiff's allegations including the events on the day in question and the policies of DOC and Cheshire Correctional Institution. Maurice Cooper, R.N. Department of Children and Families 505 Hudson Street Hartford, Connecticut 06106 Nurse Cooper will testify to all matters relevant to the plaintiff's allegations including the events on the day in question and the policies of the DOC and Cheshire Correctional Institution with respect to the provision of medical services. Gerhard Rolland, R.N. UCONN Correctional Managed Health Care 263 Farmington Avenue Farmington, Connecticut 06030 Nurse Rolland will testify to all matters relevant to the plaintiff's allegations including the events on the day in question and the policies of the DOC and Cheshire Correctional Institution with respect to the provision of medical services. Fmr. Warden Hector Rodriguez Department of Correction 24 Wolcott Hill Road Wethersfield, Connecticut 06109

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Former Warden of Cheshire Hector Rodriguez will testify to all matters relevant to the plaintiff's allegations including the role of custody staff in the provision of medical services to inmates at Cheshire Correctional Institution in 2002. Deputy Warden Timothy Farrell Department of Correction 24 Wolcott Hill Road Wethersfield, Connecticut 06109 Deputy Warden Timothy Farrell will testify to all matters relevant to the plaintiff's allegations including the role of custody staff in the provision of medical services to inmates at Cheshire Correctional Institution in 2002. Patricia Ottolini (or her designee), Director of Treatment and Addictive Services Department of Correction 24 Wolcott Hill Road Wethersfield, Connecticut 06109 Nurse Ottolini (or her designee) will testify to all matters relevant to the plaintiff's allegations including the role of medical staff in the provision of medical services to inmates at Cheshire Correctional Institution in 2002. A custodian of records may be called to testify concerning the custody of the plaintiff's medical and other records. 11. 12. 13. 14. Exhibits: To be provided in accordance with the trial memorandum. Deposition Testimony: None. Requests for Jury Instructions: See attached. Anticipated Evidentiary Problems: The defendant anticipates that the

admissibility of the criminal records of the plaintiff and his witnesses will be an issue pursuant to Federal Rules of Evidence 403 and 609. The plaintiff will object to any

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attempt of the defendant to admit these records as they are irrelevant and are more prejudicial than probative. 15. 16. Proposed Findings and Conclusions: Not applicable Trial Time: The parties estimate that the trial will take two to three days, with

additional time for jury deliberation. 17. 18. Further Proceedings: None. Trial by Magistrate Judge: The parties do not consent to having this case tried

by a magistrate judge.

PLAINTIFF Leo Felix Charles

BY:____/s/ Johanna G. Zelman_______ Johanna G. Zelman (ct 26966) Michael J. Rose (ct14803) Rose Kallor, LLP 750 Main Street, Suite 606 Hartford, CT 06103 860-748-4660 860-241-1547 (Fax) e-mail: [email protected] e-mail: [email protected]

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DEFENDANT Pauline Husband RICHARD BLUMENTHAL ATTORNEY GENERAL

BY:____/s/ Neil Parille_____________ Neil Parille Assistant Attorney General Federal Bar No. #Ct. 15278 Matthew Beizer Assistant Attorney General Federal Bar No. #Ct.16304 110 Sherman Street Hartford, CT 06105 Tel.: (860) 808-5450 Fax: (860) 808-5593 [email protected] [email protected]

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CERTIFICATION This is to certify that a copy of the foregoing was filed electronically to the following counsel of record this 3rd day of August, 2007. Notice of this filing will be sent by e-mail to all parties by operation of the Court's electronic filing system. Parties may access this filing through the Court's system.

Neil Parille Matthew Beizer Assistant Attorney General Office of the Attorney General State of Connecticut MacKenzie Hall 110 Sherman Street Hartford, CT 06105-2294

______/s/ Johanna G. Zelman________ Johanna G. Zelman