Civil Rights & Constitutional Law
Decision
Sentementes v. D'Amico
-
- Subscription Required
Monday, May 13, 2013
To allege that a defendant violated a plaintiff's rights, pursuant to 42 United States Code §1983, a plaintiff must allege: 1.) the alleged conduct was attributable to a person who acted under color of state law; and 2.) the alleged conduct deprived the plaintiff of a right, privilege or immunity under the Constitution or laws of the U.S.
Decision
Troland v. Whitehead
-
- Subscription Required
Monday, May 13, 2013
To prevail on a malicious prosecution claim in Connecticut, a plaintiff must prove: 1.) the defendants initiated criminal proceedings against the plaintiff; 2.) the criminal proceedings terminated in the plaintiff's favor; 3.) the defendant acted without probable cause; and 4) the defendant acted with malice, for a purpose other than to bring a criminal offender to justice.
Decision
Vega v. Lantz
-
- Subscription Required
Monday, May 6, 2013
A court can deny motions to preclude witnesses' testimony, without prejudice to a party raising specific objections at a later date.
Decision
Watrous v. Borner
-
- Subscription Required
Monday, May 6, 2013
A court can order a member of an inland-wetlands agency, who allegedly violated a property owner's substantive due-process rights, to immediately take action to "remove or release any cease-and-desist orders recorded on the Property."
Decision
Bennett v. Pascone
-
- Subscription Required
Monday, April 29, 2013
Police can possess probable cause to charge an individual with burglary, after a break in is reported at a construction site, the individual flees from police and construction equipment is discovered in the individual's van.
Decision
Connecticut Association of Health Care Facilities Inc. v. Bremby
-
- Subscription Required
Monday, April 29, 2013
A Connecticut law that prohibits the discharge or eviction of Medicaid patients may not qualify as a Fifth Amendment taking.
Decision
Drazen v. Town of Stratford
-
- Subscription Required
Monday, April 15, 2013
To allege a prima facie case of disparate treatment under the Americans With Disabilities Act, a plaintiff must produce evidence that animus against a protected group was a significant factor.
Decision
State v. Polanco
-
- Subscription Required
Monday, April 1, 2013
When a defendant is convicted of a greater offense and a lesser included offense in violation of the double jeopardy clause of the federal constitution, the trial court shall vacate the conviction for the lesser offense rather than merging it with the conviction for the greater offense.
Decision
Winslow v. Lemma
-
- Subscription Required
Monday, March 25, 2013
To establish a First Amendment retaliation claim, a plaintiff must prove that a causal connection exists between the plaintiff's protected activity and an adverse action.
Decision
State v. Comollo
-
- Subscription Required
Monday, March 18, 2013
As expressed in the 2012 Connecticut Appellate Court decision in State v. Doyle, "when a question of fact is essential to the outcome of a particular legal determination that implicates a defendant's constitutional rights?[the Appellate Court's] customary deference to the trial court's factual findings is tempered by a scrupulous examination of the record to ascertain that the trial court's factual findings are supported by substantial evidence."
