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

Case 3:01-cv-02298-SRU

Document 106-2

Filed 12/02/2005

Page 1 of 4

UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT JANE DOE, JR., et al. Plaintiffs, vs. CITY OF WATERBURY, et al. Defendants. SUSAN ROE, JR., et al. Plaintiffs, vs. CITY OF WATERBURY, et al. Defendants. : : : : : : : : : : : : : Master Consolidated (Lead Case) Civil 3:01CV2298 (SRU)

NO.: 3:03CV00571(SRU) (Member Case)

DECEMBER 1, 2005

LOCAL RULE 56(a) STATEMENT The defendant asserts that the following material facts are not in dispute: 1. During the period of the allegations in the complaint Philip Giordano was the Mayor of the City of Waterbury 2. 3. 4. The City of Waterbury was and is a municipality located within the State of Connecticut. The plaintiffs were at all relevant times minors living in the City of Waterbury. On March 25, 2003 a jury found Philip Giordano guilty on numerous counts related to his alleged sexual assaults upon the plaintiffs for a period of time commencing in approximately November of 2000 until July of 2001.

NOBLE, SPECTOR, YOUNG & O'CONNOR, P.C. · ATTORNEYS AT LAW ONE CONGRESS STREET · HARTFORD CT 06114-1067 · JURIS NO. 409138 · TEL: (860) 525-9975 · FAX: (860) 525-9985

Case 3:01-cv-02298-SRU

Document 106-2

Filed 12/02/2005

Page 2 of 4

5.

In the approximately five years since the commencement of these criminal acts neither the Federal Bureau of Investigation or plaintiffs have been able to identify any City official who had knowledge of these alleged acts at the time they were occurring.

6.

The City of Waterbury had a Sexual Harassment Policy prohibiting sexual misconduct of employees and officials.

7.

The City had a policy of protecting children from sexual assaults executed through the police department by way of aggressive enforcement of sexual crimes.

8.

The City had a policy of protecting children from sexual abuse executed through the police department by way of investigations and cooperative efforts with the State of Connecticut Department of Children and Family Services.

9.

There is no evidence that a deliberate indifference to a training need led to the alleged Constitutional violations.

10.

There is no evidence that any Board, Commission or Official of the City directed, condoned or acquiesced to the alleged acts.

11.

There is no evidence that any written policy or directive of the City led to the alleged violation of Constitutional rights.

NOBLE, SPECTOR, YOUNG & O'CONNOR, P.C. · ATTORNEYS AT LAW ONE CONGRESS STREET · HARTFORD CT 06114-1067 · JURIS NO. 409138 · TEL: (860) 525-9975 · FAX: (860) 525-9985

Case 3:01-cv-02298-SRU

Document 106-2

Filed 12/02/2005

Page 3 of 4

DEFENDANT: City of Waterbury

BY: ______________________________ Elliot B. Spector Federal Bar #ct05278 Noble, Spector, Young & O'Connor One Congress Street Hartford, CT 06114 Phone: 860-525-9975 Fax: 860-525-9985 [email protected]

NOBLE, SPECTOR, YOUNG & O'CONNOR, P.C. · ATTORNEYS AT LAW ONE CONGRESS STREET · HARTFORD CT 06114-1067 · JURIS NO. 409138 · TEL: (860) 525-9975 · FAX: (860) 525-9985

Case 3:01-cv-02298-SRU

Document 106-2

Filed 12/02/2005

Page 4 of 4

CERTIFICATION This is to certify that a copy of the foregoing has been mailed, postage prepaid, to the following counsel of record this 1st day of December, 2005.

Erskine D. McIntosh, Esquire Law Offices of Erskine D. McIntosh P.O. Box 185789 Hamden, CT 06518 Michael Stanton Hillis, Esquire Dombroski, Knapsack & Hillis 129 Whitney Avenue New Haven, CT 06510 Andrew B. Bowman, Esquire Law Offices of Andrew Bowman 1804 Post Road East Westport, CT 06880

Michael W. Mackniak, Esquire 87 Meadow Street Naugatuck, CT 06770 Gerald Lewis Harmon, Esquire 290 Pratt Street Meriden, CT 06450 Allison Louise Jacobs, Esquire 84 Sherman Avenue Hamden, CT 06518 Lynn Jenkins, Esquire 129 York Street, Apt. 8-L New Haven, CT 06511

________________________________ Elliot B. Spector

NOBLE, SPECTOR, YOUNG & O'CONNOR, P.C. · ATTORNEYS AT LAW ONE CONGRESS STREET · HARTFORD CT 06114-1067 · JURIS NO. 409138 · TEL: (860) 525-9975 · FAX: (860) 525-9985