Free Motion for Summary Judgment - District Court of Connecticut - Connecticut

Case 3:00-cv-00720-JCH

Document 84

Filed 05/12/2006

Page 1 of 3

UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT WILLIAM CONNELLY : : : : : : PRISONER CIVIL NO. 3:00CV720(JCH)(HBF)

v. DAVID COSGROVE, ET AL

MAY 10, 2006

DEFENDANT'S MOTION FOR SUMMARY JUDGMENT Pursuant to Rule 56 of the Federal Rules of Civil Procedure, the defendants, Mark Strange, Virginia Golumba, John O'Neill, Christine Whidden, Jamie Serrano, and John Cupka, all Connecticut Department of Correction employees, (hereinafter "the defendants"), respectfully move for summary judgment as to all of the claims in the plaintiff's Complaint. Based upon the evidence in this case, and the lack of a genuine issue of material fact in dispute, the defendants are entitled to summary judgment for the following reasons:

I. The claim that defendant Golemba failed to properly calculate his release date is false, and constitutes a habeas corpus claim; II. Warden Strange did not have personal involvement in any of the allegations against him, and in any event, the plaintiff does not have a constitutional right to a prison job, to be free of cell searches, or to not be transferred to another prison; III. Defendant O'Neil did not remove the plaintiff from a prison job or deplete the library of resources, but in any event, such actions would not violate the constitution; IV. Defendants O'Neil, Whidden and Cupka did not interfere with, confiscate, and/or delay the plaintiff's mail, nor did the plaintiff allege any resultant harm; V. Defendant Serrano did not show a strip search video of the plaintiff to others for entertainment; VI. Defendant Cupka did not chemically interrogate the plaintiff, fail to respond to his inquiries, hinder, obstruct or confiscate his mail, disclose his confidential information to inmates or staff, deny him good time credit or otherwise violate his rights.

Case 3:00-cv-00720-JCH

Document 84

Filed 05/12/2006

Page 2 of 3

VII. The plaintiff is not entitled to injunctive relief against Cupka since he is no longer at Greensville, and; VIII. In the event any of the defendants did violate the plaintiff's constitutional rights, they are entitled to qualified immunity. The legal arguments in support of the aforementioned grounds for summary judgment are set forth in the accompanying Memorandum of Law. In addition to the Memorandum of Law, the defendants submit the following: 1. Plaintiff's Complaint: Exhibit A. 2. Plaintiff's D.O.C. RT 60 (Movement Sheet). Exhibit B. 3. Admission responses for Defendant Mark Strange. Exhibit C. 4. Admission responses for Defendant John O'Neil. Exhibit D. 5. Admission responses for Defendant Christine Whidden. Exhibit E. 6. Admission responses for Defendant Jamie Serrano. Exhibit F. 7. Admission responses for Defendant Virginia Golemba. Exhibit G. 8. Admission responses for Defendant John Cupka. Exhibit H. 9. DOC Administrative Directive 6.9, Control of Contraband and Physical Evidence. Exhibit I. 10. Affidavit of Defendant John Cupka. Exhibit J. 11. DOC Administrative Directive 10.7, Inmate Communications. 12. Affidavit of Robin Nedjoika. Exhibit L. 13. Defendant's Local Rule 56(A) Statement of Facts. 14. Memorandum of Law in Support of Motion for Summary Judgment.

WHEREFORE, the defendants respectfully request that their Motion for Summary Judgment be granted in its entirety as to all of the plaintiff's claims, with prejudice.

Case 3:00-cv-00720-JCH

Document 84

Filed 05/12/2006

Page 3 of 3

DEFENDANTS COSGROVE, ET AL RICHARD BLUMENTHAL ATTORNEY GENERAL

BY:

__/s/____________________ Robert B. Fiske, III Assistant Attorney General Office of the Attorney General 110 Sherman Street Hartford, CT 06105 Federal Bar #ct17831 Tel.: (860) 808-5450 Fax: (860) 808-5591 E-ail:[email protected]

CERTIFICATION I hereby certify that a copy of the foregoing was mailed to the following on this, the 11th day of May, 2006, to:

Mr. William Connelly, #189009 Enfield Correctional Institution 289 Shaker Road Enfield, CT 06082 __/s/___________________ Robert B. Fiske, III Assistant Attorney General