Voccola v. Rooney

136 F. Supp. 3d 197, 2015 U.S. Dist. LEXIS 126915, 2015 WL 5595443
CourtDistrict Court, D. Connecticut
DecidedSeptember 22, 2015
DocketCIVIL ACTION NO.: 3:13-CV-01002 (VLB)
StatusPublished
Cited by5 cases

This text of 136 F. Supp. 3d 197 (Voccola v. Rooney) 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
Voccola v. Rooney, 136 F. Supp. 3d 197, 2015 U.S. Dist. LEXIS 126915, 2015 WL 5595443 (D. Conn. 2015).

Opinion

MEMORANDUM OF DECISION GRANTING THE DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT

Vanessa L. Bryant, United States District Judge

Edward Voccola, a former Bridgeport firefighter who was fired from his position purportedly for pouring acid into his elderly neighbors’ water system, brings this civil rights action and supplemental state law claim against the City of Bridgeport (“municipal defendant”) and its Mayor, Fire Chief, and Deputy Fire Chief (collectively, “individual defendants”). Voccola alleges that: (1) the individual defendants violated his equal protection rights by firing him because he is white, by creating a hostile work environment consisting of the panoply of protections afforded to him pri- or to being fired, and by firing him in retaliation for complaints of “unfair treatment”; (2) the individual defendants violated his due process rights by firing him before his criminal proceedings concluded and by forcing him to offer incriminating testimony during an internal investigation; (3) the municipal defendant acted with deliberate indifference to the constitutional violations; and (4) this treatment constituted intentional infliction of emotional distress. The defendants move for summary judgment. For the following reasons, summary judgment is entered for the defendants.

Factual Background

The following facts, which are undisputed unless otherwise noted, are drawn from the record.1 Voccola is Caucar [201]*201sian/white. Dkt. No. 40-6 (Voccola Dep.) at 117:12. From 1988 until his termination in February 2011, Voccola worked as a firefighter for the City of Bridgeport. Id. at 6:10-22, 119:6-10. On September 5, 2010, the Shelton Police began investigating an incident involving Voccola. Dkt. No. 40-8 (Incident Report) at 1. Voccola’s neighbors, who had ongoing problems with Voc-cola based on their belief that he had dumped motor oil on their property several years earlier, called the police because their video surveillance camera captured Voccola pouring an unidentified substance into their water fjltration system. Id. at 1-2. The police searched Voccola’s property where they found three gallon-sized containers of muriatic acid. Id. at 3. The containers contained the following warning label: “DANGER (skull and crossbones symbol) POISON.” Id. Voccola admitted to dumping a mix of chemicals including muriatic acid into his neighbors’ water supply system but professed that he was just “a good Samaritan” who “wanted to clean [his neighbors’] fitting for them.” Id. at 4. Voccola was arrested and charged with second-degree attempted assault of an elderly person and first-degree reckless endangerment. Id. at 5.

Defendant Brian- Rooney, the Bridgeport Fire Chief, learned about Voccola’s alleged criminal activity on September 7, 2010. Dkt. No. 40-3 (Rooney Aff.) at ¶¶ 3, 5. The defendants’ maintain, and Voccola disputes, that the allegations concerned Rooney because he believed that such serious charges would discredit the Fire Department and degrade the public-trust if proven true. Id. at ¶ 5.' Rooney' ordered Defendant James Grace to place Voceóla on-administrative leave pending an investigation. Id. at ¶ 6. Defendant Grace, an African-American male, serves as the Bridgeport Deputy Fire Chief. Dkt. No. 40-5 (Grace Aff.) at ¶¶ 3-4. On September 8,2010, Grace sent Voccola a letter informing him that he had been placed on paid administrative leave - as of September 7 because he had been charged with attempted assault and reckless endangerment. Dkt. No. 40-9 (Leave Letter). The defendants’ maintain, and Voccola disputes, that Defendant Rooney was worried about conducting an investigation without proper assistance because the matter concerned serious criminal allegations. Dkt. No. 40-3 (Rooney Aff.) at ¶ 7. Rooney asked Defendant William Finch to refer the matter to the Office of Internal Affairs (“OIA”). Id. Finch, a Caucasian male who serves as the Bridgeport Mayor, agreed. Dkt. No. 40-4 (Finch Aff.) at ¶¶ 3-4, 7.

Before the investigation began, Voccola was informed that he would be required to answer questions because the proceedings were being conducted for administrative purposes only. Dkt. No. 40-11 (OIA Re[202]*202port) at 190. A nonparty in the Bridgeport Police Department conducted the investigation by, inter alia, reviewing the incident report, the neighbors’ water quality logs, and .photographic evidence. See generally id. The.investigation also included interviews of one of the two neighbors, the manager of the trailer park where the incident occurred, and Voccola. See generally id. During Voceola’s interview, he was represented by his union president and union legal counsel. Id. at 71. At the start of the interview, Voccola was informed that: .

[T]his interview is for administrative purposes only and as a public servant, you’re obligated to answer questions relevant to your employment. Any and all statements made by you during the course of this interview cannot be utilized in any criminal proceedings which may be currently pending or may be initiated against you regarding this investigation. [These are] your Garrity rights.

Id. at 72. Voccola confirmed that he understood these rights. Id. During, his interview, Voccola. was given the “opportunity to defend himself, provide whatever, information [he] wanted to provide, to present [his] side of the story.” Dkt. No. 40-6 (Voccola Dep.) at 45:6-14. The investigation concluded on December 7, 2010, and the final report found that it would be “reasonable to consider” Voccola to have violated the following preexisting rules, regulations, and ordinances: (1) engaging in activities that might interfere with the efficient discharge of one’s duties; (2) using obscene, profane, or disrespectful language; (3) resorting to unlawful violence; (4) conduct of a disorderly nature or, neglect-of duty which is prejudicial to the good order and discipline of the Fire Department; (5) failure to adhere to “Policiés, Rules and Regulations, Chiefs orders, Directives, Operational Procedure Guidelines, and Form Directives of the.Department/City”; (6) failure to comply with the Fire Chiefs orders; (7) indecent, inappropriate, or immoral conduct; and (8) unethical conduct. Dkt. No. 40-11 (OIA Report) at 195-96.

The report was forwarded to Defendant Finch on December 21, 2010, Dkt. No. 40-4 (Finch Aff.) at ¶ 8, and Finch thereafter forwarded the report to Defendant Rooney, Dkt No. 40-3 (Rooney Aff.) at ¶ 10. After reviewing the report, Rooney charged Voccola with all the violations considered reasonable pursuant to the report, except a failure to comply with the Fire Chiefs orders. Id. at ¶¶ 11-12. Voccola was sent a letter on January 18, 2011, and that letter informed him that a due process hearing would be held on January 24, 2011 for the purpose of addressing the alleged violations. Dkt. No. 40-12 (Notice of Hr’g) at 12. Voccola requested a 30-day continuance, Dkt. No. 40-13 (Letter), but Defendant Rooney granted him a continuance of only one week, Dkt. No. 40-14 (Letter).

An administrative hearing was held on January 31, 2011. Dkt. No. 40-15 (Hr’g Tr.). Prior to the hearing, Voccola and his legal representatives were given the complete OLA investigative report and all other pertinent evidence for review. Dkt. No. 40-3 (Rooney Aff.) at ¶ 15. During the hearing, Voccola was again represented by his union president and union legal counsel. Dkt. No. 40-15 (Hr’g Tr.) at 1.

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Cite This Page — Counsel Stack

Bluebook (online)
136 F. Supp. 3d 197, 2015 U.S. Dist. LEXIS 126915, 2015 WL 5595443, Counsel Stack Legal Research, https://law.counselstack.com/opinion/voccola-v-rooney-ctd-2015.