Free Order on Motion to Amend/Correct - District Court of Connecticut - Connecticut

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1 - _ Case 3:03-cv—OO6116§lC l Document 34 Filed 05/12@O4 /
J ZUUU MAR I 0 A Il: 3.f
; UNITED STATES DISTRICT COURT U COURT
` DISTRICT OF CONNECTICUT ~¥·t-dt Ji `ll
PHILIP M. A , “
i Plain%,DREWg, . PRISONER CASE
I 1 Civil No. 3:03CV611 (RNC)
vs. Q
N REGINALD ALLEN, : March 061 2004
p .Dq&mdhnt
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The Plamuff, Philip Andrews, pro se, respectfully moves that the City of Hartford be *
l p added HS 21 Defendant in this case, pursuant to the attached Addition to More Definite Statement.
]May 11, 2004.
Endorsement Ruling
Andrews v. Allen, No. 3:O3—CV—611(RNC) , Motion to Add Defendant [Doc. # 32]
Denied without prejudice. Plaintiff seeks to add the City of Hartford as a
defendant in order to hold it jointly liable for the conduct of the named
defendant, Hartford Police Officer Reginald Allen, under Conn. Gen. Stat. §
7-465. The City objects on the ground that plaintiff failed to provide the
City Clerk with timely and specific notice of his claim as required by the
p statute. See Fraser v. Henninger, 173 Conn. 52, 55-56 (1977); Martyn v.
l Donlin, 148 Conn. 27, 32 (1961). There is an undated "Notice/Affidavit" in
l the record in which plaintiff states his intention to file a claim against
the City, but nothing indicates where this notice was directed, and neither
( Officer Allen's name nor the date of the alleged incident is included. This
notice does not satisfy the purpose of the statutory requirement, which is to
provide sufgdcignt notice so that appropriate officials can make a timely
, investi ati . 1 Fraser, 173 Conn. at 55-56. Plaintiff may file a renewed
{ motioizgo agg téégiity provided he has some proof that he filed a notice of
l his i - nt Gb spejthe City with the City Clerk within six months after the
l AprilE%%, 2QO1Ed§§ident. Any such motion must be filed and served on or
befor une—d0f¥ 04, and must be accompanied by a copy of whatever proof
i plainwf h@ they he filed a timely notice. So Ordered .
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