Dingwell v. Cossette

327 F. Supp. 3d 462
CourtDistrict Court, D. Connecticut
DecidedJune 7, 2018
Docket3:17-mj-01531
StatusPublished
Cited by10 cases

This text of 327 F. Supp. 3d 462 (Dingwell v. Cossette) is published on Counsel Stack Legal Research, covering District Court, D. Connecticut primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Dingwell v. Cossette, 327 F. Supp. 3d 462 (D. Conn. 2018).

Opinion

Hon. Vanessa L. Bryant, United States District Judge

Christopher Dingwell, Sr. ("Plaintiff" or "Dingwell, Sr.") brings this First Amendment retaliation civil rights case, pursuant to 42 U.S.C. § 1983, against Defendants the City of Meriden ("City"), Chief of Police *467Jeffrey Cossette ("Police Chief Cossette"), and Detective John Williams for various retaliatory actions allegedly taken against him for publicly criticizing the Meriden Police Department ("Police Department"). Defendants have filed a Motion to Dismiss for failure to state a claim upon which relief may be granted. For the following reasons, this motion is DENIED.

Background

The City is a political subdivision of the State of Connecticut under Conn. Gen. Stat. § 52-557n(a)(1) and has a police department as provided by the Meriden Charter. [Dkt. 21 (Am. Compl.) ¶¶ 5-6]. Police Chief Cossette was employed by the City and entitled to appoint officers and employees of the Police Department. See id. ¶ 8. Detective Williams was the President of the Meriden Police Union at all times relevant to this case. See id. ¶ 4. The Amended Complaint alleges all Defendants "were charged with the preservation of the public peace, prevention of crime, apprehension of criminals, regulation of traffic, protection of the rights of persons and property and enforcement of the laws of the state and the ordinances of the City of Meriden, and all rules and regulations made in accordance therewith." Id. ¶ 9. The Police Department maintains a Facebook page on which the public can post comments. During all relevant instances, Detective Williams and Police Chief Cossette were acting within the scope of their employment and all Defendants were acting under the color of state law. See id. ¶¶ 10-11.

Mr. Dingwell, Sr. is a resident of the City and he has a son named Christopher Dingwell, Jr. ("Dingwell, Jr."). See id. ¶¶ 1-2. He describes himself as a "concerned citizen and taxpayer" of the City who "engaged in speech" to "bring to light inefficiencies and inadequacies to further transparency between the police and the people they serve and protect." Id. ¶ 12.

One of Mr. Dingwell, Sr.'s strategies was to publicly post criticisms on the Police Department Facebook page, and on an undisclosed date he was blocked from posting. See id. ¶¶ 13-14. The American Civil Liberties Union ("ACLU") contacted the Police Department on his behalf, see id. ¶ 15, but the Amended Complaint does not indicate his access was restored. From 2014 on, Mr. Dingwell, Sr. informed members of the local press corps about Police Department's irregularities. See id. ¶ 17.

In January 2015, Mr. Dingwell, Sr. became aware that two firearms were possibly missing from the Meriden Police Department armory. See id. ¶ 18. On unspecified dates, he called and texted Larue Graham of the Public Safety Committee and Mayor Kevin Scarpetti; he notified the Bureau of Alcohol, Tobacco, & Firearms ("ATF"); and he reported the issue to the State Police. See id. ¶ 19-22. He also reported the incident to a Meriden newspaper, the Record Journal, which published the story; the Police Department stated "in explicit terms" that it "was angry with him for leaking the story to the public." Id. ¶ 28-29. The date of this incident is unknown as well.

On November 9, 2015, an officer stopped Mr. Dingwell, Sr. for speeding and having impermissibly tinted windows. See id. ¶ 23. Mr. Dingwell, Sr. disputed both issues and the ticket was ultimately thrown out. See id.

In early March 2016, Mr. Dingwell, Sr. was asked to meet an officer of the Meriden Police Department in a parking lot.

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Bluebook (online)
327 F. Supp. 3d 462, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dingwell-v-cossette-ctd-2018.