Miron v. Town of Stratford

881 F. Supp. 2d 280, 2012 WL 3027920, 2012 U.S. Dist. LEXIS 102703
CourtDistrict Court, D. Connecticut
DecidedJuly 24, 2012
DocketCivil Action No. 3:11 CV 446 (VLB)
StatusPublished
Cited by1 cases

This text of 881 F. Supp. 2d 280 (Miron v. Town of Stratford) 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
Miron v. Town of Stratford, 881 F. Supp. 2d 280, 2012 WL 3027920, 2012 U.S. Dist. LEXIS 102703 (D. Conn. 2012).

Opinion

MEMORANDUM OF DECISION GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTIONS TO DISMISS

VANESSA L. BRYANT, District Judge.

Before the Court are various motions to dismiss filed by Defendants Orlando Soto (“Soto”), Joseph McNeil (“McNeil”), Shawn Farmer (“Farmer”), and the Town of Stratford, including the Stratford Police Department (collectively referred to as the “Town”). The Plaintiff, Christian Miron (“Miron”) has alleged a total of thirty counts against Defendants, including both common law state claims and constitutional violations. In their official capacities, Soto and McNeil move to dismiss Miron’s claims of deprivation of privacy rights, deprivation of equal protection and deprivation of freedom of association under § 1983 and conspiracy in violation of § 1985.1 In their individual capacities, Soto, McNeil and Farmer move to dismiss Miron’s claims of deprivation of privacy rights, deprivation of equal protection and deprivation of freedom of association under § 1983 and conspiracy in violation of § 1985.2 Additionally, in their individual capacities, Soto and Farmer move to dismiss civil conspiracy under common law.3 The Town moves to dismiss all § 1983 claims for deprivation of privacy rights, [283]*283deprivation of equal protection and deprivation of freedom of association.4

I. Factual Background

Defendants Soto, McNeil and Farmer are police officers employed as a Lieutenant, Captain and Sergeant, respectively, by the Town. [Dkt # 138, Second Amended Complaint (“Compl.”), ¶¶ 9-11]. Defendants McNeil and Farmer serve as the vice president and president of the local police union, respectively. Id. at ¶ 10-11. The local police union opposed Mayor James Miron’s actions regarding the police department, including his choice for Chief of Police. Id. at ¶ 17. James Miron is the Plaintiffs brother. Id. at ¶ 16.

Around October, 2007, Miron applied to be a police officer with the Town. Id. at ¶ 18. Miron alleges that he passed all the required examinations and was evaluated by a psychologist, who recommended him to be hired. Id. at ¶¶ 19-20. In March, 2008, Miron reports that the Town verbally extended him an offer of employment conditioned upon his placement with the Connecticut Police Academy. [Dkt. # 138, ¶ 21]. This was later confirmed by letter on April 18, 2008. Id. Miron alleges that his background report, including his psychological evaluation, was stored electronically by the Stratford Police Department and was protected by a computer system to prevent unauthorized access. Id. at ¶ 22. Miron contends that his background report contained the results of a confidential psychological evaluation and personal questions relating to his social, financial, medical and family history. Id. at ¶23. Miron felt he had a reasonable expectation of privacy regarding this report. Id. at ¶ 24.

Miron asserts that around March 25, 2008, Soto unlocked and accessed Miron’s report on the computer, wrote down the access code, and gave the code to Farmer, all without authorization. [Dkt. # 138, ¶26]. Miron asserts that Farmer then accessed the report on the computer and looked through it with Soto and an unnamed police officer. Id. at ¶¶ 27-28. Miron further asserts that Farmer then went into McNeil’s office and returned back to the computer shortly thereafter. Id. at ¶ 29. Mirron contends that McNeil then accessed Miron’s report and printed a copy of it. Id. at ¶ 30. Miron claims that the Defendants did not access the reports of any other candidates for the police department. Id. at ¶ 34. Miron alleges that before the end of March, 2008, Farmer and/or McNeil had mailed the report to the media and members of the Town Council. Id. at ¶ 35. Michael Henrick, Chairman of the Town Council and political opponent to Miron’s brother, James Miron, discussed the contents of the report at the Town Council’s public meetings and with members of the media. [Dkt. # 138, ¶¶ 15-16, 37-39]. Miron asserts that as a result of the publicity, he was not placed in the Connecticut Police Academy and ultimately was not hired by the Town. Id. at ¶¶ 40-41.

An investigation was conducted into McNeil, Soto5 and Farmer’s conduct, resulting in a report concluding that McNeil had accessed and released Miron’s report without authorization. Id. at ¶ 42. Miron contends that this conduct was in violation of Town of Stratford Policy No. C014 and Stratford Police Department Policy No. P9411110, which speak to confidentiality and the procedure for obtaining eonfiden[284]*284tial information. Id. at ¶ 43. Miron asserts that there were no Town policies in place specifically addressing the protection of background reports of police candidates. Id. at ¶ 44. Lastly, Miron asserts that although McNeil and Soto were initially suspended from duty, they were “welcome[d] ... back to work” publicly by Police Chief Buturla in January, 2011, with full seniority rights, restoration of rank and reimbursement of all wages and benefits lost. Id. at ¶ 47-48.

II. Legal Standard

“ ‘To survive a motion to dismiss, a complaint must contain sufficient factual matter, accepted as true, to state a claim to relief that is plausible on its face.’ ” Sarmiento v. U.S., 678 F.3d 147 (2d Cir.2012) (quoting Ashcroft v. Iqbal, 556 U.S. 662, 678, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009)). While Rule 8 does not require detailed factual allegations, “[a] pleading that offers ‘labels and conclusions’ or ‘formulaic recitation of the elements of a cause of action will not do.’ Nor does a complaint suffice if it tenders ‘naked assertion[s]’ devoid of ‘further factual enhancement.’ ” Iqbal, 556 U.S. at 678, 129 S.Ct. 1937 (citations and internal quotations omitted). “Where a complaint pleads facts that are ‘merely consistent with’ a defendant’s liability, it ‘stops short of the line between possibility and plausibility of ‘entitlement to relief.’ ” Id. (quoting Bell Atl. Corp. v. Twombly, 550 U.S. 544, 557, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007)). A claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.” Id. (internal citations omitted).

In considering a motion to dismiss for failure to state a claim, the Court should follow a “two-pronged approach” to evaluate the sufficiency of the complaint. Hayden v. Paterson, 594 F.3d 150, 161 (2d Cir.2010). “A court ‘can choose to begin by identifying pleadings that, because they are no more than conclusions, are not entitled to the assumption of truth.’” Id. (quoting Iqbal, 129 S.Ct. at 1949-50). “At the second step, a court should determine whether the ‘well-pleaded factual allegations,’ assumed to be true, ‘plausibly give rise to an entitlement to relief.’ ” Id. (quoting Iqbal, 129 S.Ct. at 1950). “The plausibility standard is not akin to a probability requirement, but it asks for more than a sheer possibility that a defendant has acted unlawfully.” Iqbal, 129 S.Ct. at 1949 (internal quotations omitted).

III.

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Bluebook (online)
881 F. Supp. 2d 280, 2012 WL 3027920, 2012 U.S. Dist. LEXIS 102703, Counsel Stack Legal Research, https://law.counselstack.com/opinion/miron-v-town-of-stratford-ctd-2012.