Noel Moreno v. Andrew Roraback, et al.

CourtDistrict Court, D. Connecticut
DecidedJune 30, 2026
Docket3:25-cv-00603
StatusUnknown

This text of Noel Moreno v. Andrew Roraback, et al. (Noel Moreno v. Andrew Roraback, et al.) 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
Noel Moreno v. Andrew Roraback, et al., (D. Conn. 2026).

Opinion

UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT NOEL MORENO, ) 3:25-CV-603 (SVN) Plaintiff, ) ) v. ) ) ANDREW RORABACK, et al., ) Defendants. ) June 30, 2026 RULING AND ORDER ON DEFENDANTS’ MOTIONS TO DISMISS Sarala V. Nagala, United States District Judge. Plaintiff Noel Moreno commenced this action pro se to challenge certain alleged misconduct and procedural flaws related to a child custody matter pending in Connecticut Superior Court. Plaintiff sues Connecticut Superior Court Judges Andrew Roraback, Ann Lynch and Brian Preleski, along with child support enforcement Magistrate Anthony Fusco (the “Judicial Defendants”), and support enforcement officer Benjamin Runge (collectively, the “State Defendants”), in both their individual and official capacities. Plaintiff also sues Erica Rodriguez, counsel for the opposing party in the underlying state action. Plaintiff alleges that all Defendants violated his constitutional rights throughout the state proceeding. The State Defendants and Rodriguez have each moved to dismiss the third amended complaint (“TAC”), the operative pleading in this matter. Plaintiff opposes these motions. For the reasons set forth herein, the Court GRANTS Defendants’ motions to dismiss and denies Plaintiff leave to amend. I. FACTUAL BACKGROUND A. The Child Custody Case Plaintiff’s TAC details purported flaws with a 2022 state action concerning the custody of his minor child, Moreno v. Hernandez, LLI-FA-22-5014329-S. See generally TAC, ECF No. 30.1 On March 4, 2022, Plaintiff initiated the underlying lawsuit against his minor child’s

mother through the filing of a custody application. See State Def.’s Ex. 2, ECF No. 52-2 at 2–13 (state court docket). After more than a year of litigation between the parties and a trial, on December 1, 2023, the state court (Roraback, J.) issued an order, awarding the parties joint legal custody of the minor child and ordering Plaintiff to pay child support in the amount of $175 per week, plus an additional $25 per week towards a $600 arrearage until the arrearage was paid in full. See ECF No. 52-2 at 16–27 (state court memorandum and decision). The State Defendants contend that Plaintiff did not appeal this decision, and Plaintiff does not claim otherwise. Thereafter, the parties filed various post-judgment motions seeking various forms of relief. Plaintiff, in particular, filed motions seeking recusal of Judge Roraback, transfer of venue, modification of the court’s judgment, and a stay pending disqualification of Judge Roraback,

among other requests. Id. at 28–30, 35–41, 44–46, 48. Various judges of the state court denied the motions to transfer and for recusal, and deferred rulings on the remaining motions. See id. at 31, 42–43, 53, 57. Additionally, on February 13, 2025, Defendant Runge filed an application to find Plaintiff in contempt based on his failure to make child support payments in accordance with the court’s judgment. Id. at 32. By order dated March 3, 2025, the state court found that Plaintiff was in

1 The Court derives the following facts from the complaint and documents filed in the underlying child custody proceeding, of which the Court may take judicial notice. See Mangiafico v. Blumenthal, 471 F.3d 391, 398 (2d Cir. 2006). contempt of its order and directed him to pay the child’s mother $2,400. Id. at 34. Plaintiff appealed the contempt ruling issued against him, but it appears this is the only order that was appealed. See Moreno, LLI-FA-22-5014329-S, Dkt. No. 310.00; ECF No. 52-2 at 12. As of the date of this ruling, the state action is ongoing, as post-judgment motions continue to be filed and heard.

B. The Third Amended Complaint2 Plaintiff’s TAC alleges that throughout a three-year period, Defendants—who are judges, magistrates, attorneys, support enforcement officers and/or state court staff—violated his parental rights, enforced “unjust” child support orders, retaliated against him for seeking legal redress, and disregarded evidence of the opposing party’s misconduct and neglect in the child custody case. ECF No. 30 ¶ 2. Plaintiff further alleges that the State Defendants and Rodriguez conspired together to obstruct filings, issue conflicting orders, prolong litigation and deny him his requested relief. Id. at 4. Plaintiff’s TAC explains each Defendant’s role in the alleged misconduct and conspiracy to deprive him of his constitutional rights. See generally ECF No. 30. Specifically, Plaintiff

alleges that Defendant Judge Roraback presided over his state case for more than three years and engaged in judicial misconduct during this time period, including by exercising bias, delaying rulings on motions, “enabling parental alienation,” mischaracterizing and/or disregarding evidence unfavorable to his child’s mother (and her counsel), and enabling violations of custody orders. Id. ¶¶ 11, 22, 23. Plaintiff alleges that Defendant Judge Lynch furthered this misconduct by denying emergency motions, upholding defective orders and declining to correct prior violations. Id. ¶ 12.

2 The Court notes that Plaintiff’s oppositions to Defendants’ motions to dismiss include additional facts that are not alleged in the TAC, which is improper. See Shah v. Helen Hayes Hosp., 252 F. App’x 364, 366 (2d Cir. 2007) (summary order) (“A party may not use his or her opposition to a dispositive motion as a means to amend the complaint”). Thus, the Court will not consider any new allegations raised in Plaintiff’s opposition. Additionally, Plaintiff alleges that Defendant Fusco issued contempt threats despite due process violations. Id. ¶ 13. Plaintiff alleges that Defendant Rodriguez, the attorney for his child’s mother in the underlying state court action, engaged in ex parte correspondence and violated certain rules of professional conduct, among other claims. Id. ¶ 14. Plaintiff also alleges that Defendant Runge

enforced outdated child support orders and threatened Plaintiff with incarceration despite his demonstrated financial hardship and change in circumstances, which presumably rendered him unable to pay the required child support payments. Id. ¶ 26. Finally, Plaintiff alleges that Defendant Judge Preleski executed a temporary restraining order without a hearing, which deprived him of access to his child. Id. ¶ 16. Plaintiff clarifies in his opposition that this temporary restraining order was issued in April of 2025 in a state matter distinct and separate from the child custody case discussed above. ECF No. 56 at 3. Plaintiff brings the following claims: (1) a First Amendment retaliation claim for protected speech and efforts to petition the government; (2) a Fourth Amendment claim based on “unlawful

threats of confinement and enforcement without adjudication”; (3) a Fifth Amendment claim based on the denial of “fair process and financial coercion through manipulated proceedings”; (4) a Sixth Amendment claim based on interference with a fair hearing; (5) an Eighth Amendment claim based on “[c]ruel punishment” via threats and other enforcement mechanisms; (6) a Fourteenth Amendment due process claim related to termination of custody and threats of incarceration without notice or a fair hearing; (7) a discrimination claim based on Plaintiff’s ethnicity, gender and status as a pro se litigant, in violation of the equal protection clause of the Fourteenth Amendment; and (8) a 42 U.S.C. § 1985(3) conspiracy claim. ECF No. 30 at 3–4. Plaintiff also alleges that the Judicial Defendants violated certain ethics and rules set forth in the Connecticut Code of Judicial Conduct. Id. at 4. As a result of these events, Plaintiff alleges that he suffered significant financial harm, including a decrease in income and the loss of his trucking business and rental properties. Id. ¶¶ 5, 24.

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Bluebook (online)
Noel Moreno v. Andrew Roraback, et al., Counsel Stack Legal Research, https://law.counselstack.com/opinion/noel-moreno-v-andrew-roraback-et-al-ctd-2026.