Russo v. City of Hartford
| Decision Date | 30 September 2004 |
| Docket Number | No. CIV.A.3-97-CV-2380(JCH).,No. CIV.A.3-00-CV-1794(JCH).,No. CIV.A.3-00-CV-2382(JCH).,CIV.A.3-97-CV-2380(JCH).,CIV.A.3-00-CV-1794(JCH).,CIV.A.3-00-CV-2382(JCH). |
| Citation | 341 F.Supp.2d 85 |
| Parties | Nicholas RUSSO, Plaintiff v. CITY OF HARTFORD, et al. Defendants. |
| Court | U.S. District Court — District of Connecticut |
Erin I. O'Neil-Baker, James S. Brewer, Brewer & O'Neil, West Hartford, CT, John T. Forrest, Law Offices of John T. Forrest, LLC, Hartford, CT, for Plaintiff.
Helen Apostolidis, Corporation Counsel's Office, Jill Hartley, John P. Shea, Jr., Lori Rittman Clark, Michael G. Albano, Sabia & Hartley, LLC, Ryan P. Barry, Moukawsher & Walsh, Charles L. Howard, Derek L. Mogck, Gregg Peter Goumas, Shipman & Goodwin, Hartford, CT, for Defendants.
RULING ON MOTIONS FOR SUMMARY JUDGMENT1
This litigation involves three federal civil rights actions brought pursuant to 42 U.S.C. § 1983 by the plaintiff, Hartford Police Detective Nicholas Russo, against Hartford police officers and supervisors, the Hartford Police Union and Union officers, and the City of Hartford. Russo alleges various federal constitutional and state law violations arising out of events preceding and surrounding his arrest on December 16, 1997, and his subsequent suspension from his police duties. Russo filed three related lawsuits, Russo v. City of Hartford, et al., 3:97cv2380 (JCH); Russo v. Bailey, et al., 3:00cv1794 (JCH); and Russo v. Marquis, et al., 3:00cv2382 (JCH), which have been consolidated for pre-trial purposes. Pending before the court are motions for summary judgment filed by all defendants in each of the actions.
Russo has been employed as a police officer for the City of Hartford Police Department("HPD") since 1981. For more than six years, Russo served as a Detective with the Crimes Against Persons(CAPers") division of the Hartford Police Department. In June 1995, Russo was also assigned to the Federal Violent Crimes Unit in Hartford. He served as a detective in both capacities until his arrest on December 16, 1997. As a result of that arrest, on November 3, 2003, Russo was ultimately convicted of six felony counts.
On January 7, 1997, Russo did not report to work and failed to report for the following two days. During this three day period, Russo left voicemails for Sargent Daryl Roberts and the two also had multiple phone conversations. In a voicemail from the morning of January 7, in which Russo indicated that he was sick and would not be at work, Roberts observed that Russo's speech was slurred and disorganized. During a phone conversation with Russo shortly thereafter, Roberts made similar observations about Russo's voice. Russo left another voicemail later that morning, in which Roberts observed that Russo's voice had become sluggish and jittery. Roberts made recordings of the voicemails and provided them to David Kenary, a lieutenant assigned to the CAPers division.
On January 10, 1997, Lieutenant Kenary ordered Russo to bring a doctor's note to explain his absence from work. Russo brought a note from his physician stating that he had been absent from work for three days because he was being treated for influenza. Thereafter, Lieutenant Kenary and Charles Lilley, a sergeant assigned to the CAPers division, contacted Russo's physician to confirm the authenticity of the note. The physician stated that he had not seen Russo in weeks. In a later conversation, the physician told Lieutenant Kenary that he had given Russo drug samples, but had not recorded the transactions because they were unofficial.
On January 9, Chief Croughwell listened to the recorded voicemails and read memoranda prepared by Sergeant Roberts and Sergeant Lilley which documented the information and their observations of Russo. Croughwell then asked Russo to submit to a drug test.
In the spring of 1997, the locks to the CAPers office were changed, and Russo was not given a key. Russo requested a key from Daryl Roberts, a sergeant in the CAPers division. Sergeant Roberts did not give him a key. The CAPers office was typically opened and unlocked from 7:00 AM until 11:00 or 11:30 PM.
Sergeant Roberts, Lieutenant Kenary, and Sergeant Lilley ordered Russo to report to them each morning with his itinerary for the day. On several occasions, they also ordered him to report at the end of the day with a signed memo from the United States Attorney's office detailing what Russo had done that day. Additionally, the contents of Russo's desk in the CAPers office were removed and the desk was moved.
On June 15, 1997, a murder took place in the City of Hartford. Both the HPD and the Federal Violent Crimes Unit investigated the murder. Russo investigated the murder as a member of the Federal Violent Crimes Unit and helped effectuate the arrest of a suspect. The HPD had arrested a different suspect. In the news media, Russo criticized the HPD's arrest of its suspect. Russo's affiliation with the federal authorities and, specifically his involvement in their arrest of the murder suspect, caused tension within the CAPers division of the HPD.
In the fall of 1997, Lieutenant Kenary contacted the Drug Enforcement Administration ("DEA") to initiate a criminal investigation of Russo's physician. The State's Attorney also initiated a criminal investigation of Russo's physician in September 1997, for which purpose he formed a joint investigation team including, among others, Chief Croughwell, Captain Flaherty, and Lieutenant Kenary.
In October 1997, Russo began working with the United States Attorney's Office on a probe investigating corruption in the HPD. On or about October 13, 1997, Russo told Stephen Kumnick, an Inspector in the Attorney General's office, about the corruption probe. On or about October 30, 1997, Inspector Kumnick told James Rovella, one of Russo's fellow detectives in the CAPers division, about the probe and Russo's involvement in it. In turn, Detective Rovella notified two potential targets of the probe, Sergeant Christopher Lyons and Detective Robert Lawlor. Sergeant Lyons and Detective Lawlor then spoke with Chief Croughwell about the probe and threatened to physically harm Russo. In their presence, Chief Croughwell called Russo at home and conveyed the threats. During that conversation, Russo heard Sergeant Lyons and Detective Lawlor also personally threaten him. The Attorney General notified Chief Croughwell of the probe in an October 31, 1997 memorandum detailing Russo's conversation with Inspector Kumnick.
During October and November, in the course of investigating Russo's physician and at the direction of Inspector Skinner, Lieutenant Kenary obtained Russo's prescription records from Russo's physician as well as numerous area pharmacies. On November 4, 1997, Captain Flaherty and two police sergeants confronted Russo at the United States Attorney's Office in New Haven, Connecticut. Captain Flaherty told Russo that Chief Croughwell had ordered that Russo immediately submit to a drug test. Captain Flaherty relieved Russo of his firearm, escorted Russo to the back seat of an unmarked police vehicle, and brought him to a drug testing facility. While at the testing facility, Captain Flaherty also interrogated Russo.
During the return trip to Hartford, Captain Flaherty told Russo that Chief Croughwell had ordered him that Russo's firearm not be returned to him and that Russo be placed on sick leave until Chief Croughwell received the results of the drug test. During the trip, Russo was not advised of his Miranda rights. Subsequently, Captain Flaherty told Russo that Chief Croughwell had changed his mind and wanted Russo either to report to work in a limited capacity (no gun or field duty) or voluntarily use his sick leave. In addition, Captain Flaherty stated that Chief Croughwell had ordered Russo not to drive a car home and not to drive a car to work the next day. On Chief Croughwell's orders, a police sergeant drove Russo home.
On or about November 5, 1997, before the results of the drug test had returned from the lab, news of the test was disseminated generally to members of the HPD. In turn, that information about the drug test was given to a newspaper reporter who contacted Russo about the matter and indicated that she intended to print a story about Russo.
On December 15, 1997, after meeting with other members of the joint investigation team, the Attorney General's office drafted an arrest warrant for Russo. On December 16, 1997, a member of the state police and a member of the HPD (neither of whom are named as defendants) searched Russo's home. He was arrested and charged with four counts each of Forgery in the Second Degree and Illegally Obtaining a Controlled Substance by Fraud. Chief Croughwell suspended Russo without pay pending the outcome of the criminal matter.
On September 14, 2000, the Connecticut Superior Court granted Russo's motion to suppress the prescriptions obtained from the pharmacies. The following day, all charges against Russo were dismissed. The State appealed that ruling. Rudewicz informed the Union that Russo would be reinstated effective October 29, 2000. The reinstatement was conditioned on Russo documenting his fitness for duty and meeting POST certification requirements. On December 4, 2000, Bruce Marquis became Chief of Police and adopted Rudewicz' position concerning Russo's reinstatement. Russo has not been reinstated since, and he has not received any pay or benefits since January 2001. On February 19, 2002, the Connecticut Supreme Court reversed the Superior Court, and the criminal charges were reinstated. On November 3, 2003, Russo was convicted on six felony counts. He is currently suspended without pay.
The Hartford Police Union prematurely challenged Russo's suspension in August of 2000. After the dismissal of criminal charges in September 2000, the Union pressed the...
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