Miceli v. Mehr
| Decision Date | 05 November 2019 |
| Docket Number | No. 3:17-cv-00029 (VAB),3:17-cv-00029 (VAB) |
| Court | U.S. District Court — District of Connecticut |
| Parties | ITALO ANTHONY MICELI, Plaintiff, v. JOHN MEHR et al., Defendant. |
Italo Anthony Miceli ("Plaintiff") has sued the Town of Rocky Hill ("Rocky Hill"), Town Manager John Mehr, former Town Manager Guy Scaife, the Chief of Police of the Rocky Hill Police Department, Michael D. Custer, and Lieutenant Robert Catania, also of the Rocky Hill Police Department, in their individual and official capacities, and Robert Lombardo, a resident of Rocky Hill. Compl., ECF No. 1 (Jan. 6, 2017).
Mr. Miceli alleges that Rocky Hill and the named public officials (collectively "Town Defendants") (1) violated the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq. ("ADA"); (2) retaliated against him in violation of the ADA, 42 U.S.C. § 12203; (3) retaliated against him in violation of the First Amendment; (4) violated Connecticut Fair Employment Practices Act, Conn. Gen. Stat. § 46a-60(a) ("CFEPA"); and (5) intentionally inflicted emotional distress. Id. ¶¶ 37-57. The ADA and CFEPA claims, Counts One and Four, are brought against the Town only. Mem. in Opp. to Town Defs. Mot. ("Pl.'s Opp. to Town Defs."), ECF No. 139 at 8 (May 22, 2019). As to Mr. Lombardo, a private citizen, Mr. Miceli claims (5) intentional infliction of emotional distress, as well as (6) defamation and (7) tortious interference. Compl. ¶¶ 53-66.
Mr. Lombardo has moved for summary judgment as to all claims against him, as have the Town Defendants, excluding Robert Catania, who was dismissed from the case. Mot. for Summary Judgment ("Lombardo Mot."), ECF No. 134 (Apr. 16, 2019); Mot. for Summary Judgment ("Town Defs. Mot."), ECF No. 135 (Apr. 19, 2019); see also Stipulation of Dismissal, ECF No. 133 (Apr. 15, 2019).
For the following reasons, the Town Defendants' motion for summary judgment is GRANTED with respect to the ADA discrimination claim, the ADA retaliation claim, and the First Amendment retaliation claim.
The Court declines to exercise supplemental jurisdiction over the remaining state law claims against the Town Defendants, and similarly declines to exercise supplemental jurisdiction over the claims against Mr. Lombardo.
Mr. Miceli's claims arise out of his employment as a police officer with the Town of Rocky Hill, a position he held for twelve years1 until his termination on November 29, 2016. Plaintiff's Local Rule 56(a)(2) Statement of Facts in Opp. to Town Defs. Mot. ("Pl.'s SMF - Town Defs."), ECF No. 139-1 ¶¶ 1-2 (May 22, 2019).
John Mehr is the current Town Manager of the Town of Rocky Hill. Compl. ¶ 6. From October 2014 until August 30, 2016, Guy Scaife served as Rocky Hill's Town Manager. Id. ¶ 5; see also Ex. 1: Affidavit of Italo Miceli ("Miceli Affidavit"), ECF No. 139-3 ¶ 12 (May 22, 2019). Michael D. Custer is the Chief of Police of Rocky Hill. Compl. ¶ 7. Robert Catania is a police lieutenant of Rocky Hill. Id. ¶ 8. Robert Lombardo is a neighbor of Mr. Miceli, and aresident of Rocky Hill. Id. ¶ 9; Plaintiff's Local Rule 56(a)(2) Statement of Facts in Opp. to Lombardo Mot. ("Pl.'s SMF - Lombardo"), ECF No. 138-1 ¶ 1(May 8, 2019).
Mr. Miceli alleges that in his eleven years of employment before Mr. Scaife's tenure as Town Manager, "he never received any complaints of misconduct towards the public." Miceli Affidavit ¶ 15. The claims in this lawsuit are organized around several incidents, as detailed more specifically below.
In August 2011, after the Town Council authorized an auction for various surplus equipment, Mr. Miceli purchased a military-style Humvee and tractor truck for $100. Pl.'s SMF - Town Defs. ¶¶ 11-12.
In March 2015, the U.S. Attorney's Office received a complaint from the Town of Rocky Hill about Mr. Miceli's purchase, and forwarded it to the Federal Bureau of Investigation ("FBI"). Pl.'s SMF - Town Defs. ¶ 15. The FBI then investigated whether there was an unauthorized sale of the Humvee and tractor. Id. ¶ 16.
On or about May 12, 2015, two FBI agents interviewed Mr. Miceli regarding his purchase of the Humvee. Id. ¶ 17. Special Agent Ron Offutt took notes during this interview, and the notes were used in his report. Id. ¶ 18-19. After learning of the auction allegedly by a newspaper advertisement, Mr. Miceli claims to have delivered his bid to the relevant town employee, Glenn Parent. Ex. I: Deposition of Ron W. Offutt ("Offutt Depo."), ECF No. 135-11 at 17:23-20:13 (Nov. 26, 2018); see also Miceli Affidavit ¶ 10. Mr. Miceli "stated [to Agent Offutt] that a friend of his put up half the money and paid $50 toward the total $100" for the Humvee and tractor. Offutt Depo. at 21:4-19.
Mr. Miceli further alleges that when Chief Custer spoke with him about the Humvee, he stated Ex. 2: Deposition of Italo Miceli ("Miceli Depo."), ECF No. 138-4 at 157:2-16 (Sept. 22, 2017). He alleges that this conversation occurred in the Chief's office, before he sent a letter to the Office of the Chief State's Attorney. Id. at 157:17-19.
On June 19, 2015, Mr. Miceli sent a letter to the Office of the Chief State's Attorney, in which he claimed, inter alia, that he purchased the Humvee from Rocky Hill through Rocky Hill's silent auction. Pl.'s SMF - Town Defs. ¶ 25; see also Ex. J: Miceli's Letter to State Wide Prosecution (the "OCSA Letter"), ECF No. 135-12 (June 19, 2015).
In the letter, Mr. Miceli began by describing his issues with Mr. Lombardo, and alleges Mr. Lombardo filed numerous complaints with Rocky Hill's Police Department and Planning and Zoning - all of which were allegedly unfounded. OCSA Letter at 1. Mr. Miceli also details other wrongs allegedly committed by Rocky Hill officials, specifically the then-Town Manager Scaife, who he alleges collaborated with Mr. Lombardo to harass him in looking for "any type of violations with [his] house and property." Id.; see also id. at 4 ().
Along with many of the claims raised in this case, Mr. Miceli's letter relates the following complaints: issues with Rocky Hill planning and zoning, stating he did not have a certificate of occupancy for part of his house; fines for municipal recreational vehicles and blight; numerous house and property inspections and threats of fines; the Town forcing him to break down his compost; forcing him to move his military Humvee; Mr. Lombardo's propertynot getting immediately fined, despite allegedly intruding more into State property; and Mr. Lombardo's allegedly unlicensed plumbing business. See OCSA Letter 1-4. Mr. Miceli emphasizes that the "quality of [his] life is suffering greatly due to the harassment and bullying and receiving from . . . Guy Scaife . . . and Robert Lombardo." Id. at 3.
Mr. Miceli alleges that Chief Custer, Mr. Scaife, and Lt. Catania were on notice about this letter before Chief Custer assigned Lt. Catania to investigate claims of misconduct regarding Mr. Miceli. See Ex. 6: Deposition of Robert Catania ("Catania Depo."), ECF No. 134-2 at 136:6-138:11 (Nov. 5, 2018) ( that he notified Interim Town Manager Scaife about the OCSA Letter, per Chief Custer's instructions, when he became aware the letter existed, but not recalling when that date was).
The relationship between Mr. Miceli and Mr. Lombardo allegedly deteriorated more than a decade ago due to an incident involving their then-minor daughters. Pl.'s SMF - Lombardo ¶¶ 2-3; see also Miceli Depo. at 101:12-102:25.
Mr. Miceli alleges that from October 2014 through the filing of the Complaint, Mr. Lombardo "allegedly initiated and pursued a complaint of slander and false complaints and investigations against" Mr. Miceli, Pl.'s SMF - Lombardo ¶ 20 , and that these ongoing disputes were used by the Defendants "to harass and intimidate the Plaintiff based upon the Defendants' perception that the Plaintiff suffered from mental disability." Id. ¶ 21 . Additionally, Mr. Miceli alleges Mr. Lombardo complained about part of his property, which led to numerous visits in 2014-2015 from zoning officer Frank Kelly, who declared his property as "blight." Id. ¶¶ 5-6. Furthermore, Mr. Miceli alleges that "[w]hen Kelly investigated he told me that he told [then-Interim Town Manager] Scaife that Lombardo'scomplaint was not valid and that it was not blight, but [then-Interim Town Manager] Scaife ordered him to cite me for a violation." Miceli Affidavit ¶ 16.
Mr. Miceli also alleges that Lt. Catania was related to Mr. Lombardo's wife, Diane, which Mr. Lombardo denies. Pl.'s SMF - Lombardo ¶¶ 16-17; see also Catania Depo. at 143:8-22 ( there is no familial relation between him and the Lombardos, but explaining that he is friends with Pete Mirabelli, who is the husband of Diane's sister Lisa). Further, Mr. Miceli alleges that Mr. Lombardo and Lt. Catania "conspired to defame and attempt[ed] to terminate" his employment. Pl.'s SMF - Lombardo ¶ 22.
In the spring of 2015, Mr. Miceli alleges that Mr. Lombardo "falsely reported" to the police and Lt. Catania that Mr. Miceli slashed his pool liner. Miceli Affidavit ¶ 17. He claims that on numerous occasions from 2015 to now, Mr. Lombardo "has yelled at persons visiting [Mr. Miceli] 'why are you friends with a liar and a thief.'" Id. ¶ 31.
In May 2015, Mr. Miceli further alleges that Mr. Lombardo and then-Town Manager Scaife wrongfully notified the State Department of Transportation because his vehicle and a rock were in the state's right of way. Pl.'s SMF - Lombardo ¶ 7. Mr. Miceli claims the rock and other items in question were allegedly placed years earlier in 1996, with Mr. Lombardo's help....
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