Free Response - District Court of Connecticut - Connecticut

Case 3:01-cv-02296-RNC

Document 72

Filed 03/24/2004

Page 1 of 4

UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT JAMES VAN DE VELDE V. : : CIVIL ACTION NO. 3:01 CV 02296 (RNC)

MELVIN WEARING, ET AL.

:

MARCH 23, 2004

OBJECTION TO PLAINTIFF'S MOTION FOR LEAVE TO FILE SUPPLEMENTAL COMPLAINT AND JOINT ADDITIONAL PARTY DATED MARCH 4, 2004 Pursuant to Local Rule 7(a)(1), the undersigned defendants hereby object to the plaintiff's Motion which seeks to add Bryan Norwood, Deputy Chief of the New Haven Police Department, as a party defendant in the above-captioned matter. This proposed amendment seeks to add a claim based on a statement allegedly made by Deputy Chief Norwood which appeared in an article in the Hartford Courant on February 1, 2004. This alleged statement appears to have been in direct response to a specific question concerning the plaintiff's status as a suspect in the murder of Suzanne Jovin. The defendants object to the addition of Deputy Chief Norwood as a party defendant because this claim is now moot in light of the court's dismissal of the plaintiff's claims in its Memorandum of Decision dated March 12, 2004. Additionally, the addition of the proposed new claims does not properly related back to the claims set forth in the plaintiff's original Complaint. In the original Complaint, the plaintiff claimed

315 Post Road West Westport, CT 06880

Phone (203) 227-2855 Fax (203) 227-6992 Juris No. 412195

Case 3:01-cv-02296-RNC

Document 72

Filed 03/24/2004

Page 2 of 4

that the initial "leak" or disclosure of his name as a suspect in the murder of Suzanne Jovin deprived him of his civil rights and his privacy rights under state. In contrast, the plaintiff's new allegation against Deputy Chief Norwood merely consists of a 2004 statement in which Deputy Chief Norwood allegedly confirms the plaintiff's status as a suspect. Since the plaintiff's original claims are essentially based on the alleged initial disclosure of his identity and status as a suspect to the media, and his damages were also caused by this initial disclosure, the recent confirmation status as a suspect does not relate back to the initial disclosure which is the subject of his original complaint. Rather, Deputy Chief Norwood's recent statement is merely a comment on information which has been public for approximately five years. Finally, the plaintiff appears to be using the present lawsuit as a way to prevent the officials from the New Haven Police Department from commenting or responding to direct questions from the media concerning a crime which is of interest to the public. As such, the proposed amendment would have a chilling effect on officials from the New Haven Police Department and should not be permitted in this matter. For the reasons set forth, the plaintiff's Motion for Leave to Amend Complaint dated March 4, 2004 should be denied.

315 Post Road West Westport, CT 06880

2

Phone (203) 227-2855 Fax (203) 227-6992 Juris No. 412195

Case 3:01-cv-02296-RNC

Document 72

Filed 03/24/2004

Page 3 of 4

THE DEFENDANTS: MELVIN WEARING, BRIAN SULLIVAN, THOMAS TROCCHIO, EDWARD KENDALL and the ESTATE OF ANTHONY DILULLO By: _________________________________ Robert A. Rhodes of HALLORAN & SAGE LLP Fed. Bar #ct13583 315 Post Road West Westport, CT 06880 (203) 227-2855

315 Post Road West Westport, CT 06880

3

Phone (203) 227-2855 Fax (203) 227-6992 Juris No. 412195

Case 3:01-cv-02296-RNC

Document 72

Filed 03/24/2004

Page 4 of 4

CERTIFICATION This is to certify that on this 15th day of August, 2003, I hereby mailed a copy of the foregoing to: David Grudberg The Law Offices of Jacobs, Grudberg & Belt 350 Orange Street New Haven, CT 06511 James I. Meyerson 396 Broadway, Suite 601 New York, NY 10013 Martin S. Echter Deputy Corporation Counsel 165 Church Street, 4th Floor New Haven, CT 06510 William J. Doyle Wiggin & Dana, LLP 265 Church Street PO Box 1832 New Haven, CT 06508-1832

_______________________________ Robert A. Rhodes
530122 530122.1(HSFP)

315 Post Road West Westport, CT 06880

4

Phone (203) 227-2855 Fax (203) 227-6992 Juris No. 412195