Sullivan v. Stein

• Citation: 487 F.Supp.2d 52
• Decision Date: 30 May 2007
• Docket Number: Civil No. 3:03cv1203 (MRK).
• Court: United States District Courts. 2nd Circuit. United States District Court (Connecticut)
• Parties: Philip SULLIVAN, Charlotte Sullivan, Plaintiffs, v. Jeffrey STEIN, et al., Defendants.

487 F.Supp.2d 52

Philip SULLIVAN, Charlotte Sullivan, Plaintiffs, v. Jeffrey STEIN, et al., Defendants.

Civil No. 3:03cv1203 (MRK).

United States District Court, D. Connecticut.

May 30, 2007.

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Philip Sullivan, West Hartford, CT, Pro se.

Charlotte Sullivan, West Hartford, CT, Pro se.

Beatrice S. Jordan, Jay T. DonFrancisco, Howd & Ludorf, Maureen Duggan Regula, Robert William Clark, Robert J. Deichert, Attorney General's Office, Hartford, CT, Theodore Poulos, Plainville, CT, for Defendants.

MEMORANDUM OF DECISION

KRAVITZ, District Judge.

In this action, Plaintiffs Philip Sullivan and Charlotte Sullivan, pro se, sued twenty-eight defendants, twenty of whom this Court has already dismissed from the case. See Rulings and Orders [does. ## 141, 212, 234]. The following Defendants remain: Farmington Police Chief Michael Whalen; Farmington Police Officers Troy Williams, Daniel Devine, and Daniel Hebert; and the Town of Farmington (collectively, the "Municipal Defendants"); Inspectors Gregory Zigmont and Charles Coffey (collectively, the "State Defendants"); and scrap metal dealer J.W. Green Co., Inc. ("J.W.Green"). Plaintiffs' claims against the remaining Defendants arise from a dispute between the Sullivans and certain of Mr. Sullivan's relatives, who were originally among the defendants in this case and whom the Sullivans also sued in Connecticut state court for, among other claims: (1) unlawfully evicting them from a dwelling at 37 Valley View Drive, Farmington, Connecticut (the "Valley View residence"); (2) unlawfully entering that residence; and (3) stealing Mr. Sullivan's bulldozer. This Court has had several occasions to address the Sullivans' claims and directs readers to its prior opinions for additional background. See, e.g., Sullivan v. Stein, No. Civ. 3:03 CV 1203(MRK), 2005 WL 2209301 (D.Conn. Sept. 12, 2005); Sullivan v. Stein, No. Civ. 3:03 CV 1203(MRK), 2004 WL 1179351 (D.Conn. May 21, 2004). Several state courts have also discussed the Sullivans' claims against their relatives. See Sullivan v. Delisa, 923 A.2d 760, 101 Conn.App. 605 (2007); State v. Sullivan, No. CR01106675, 2005 WL 895893 (Conn.Super.Ct. Mar. 11, 2005); Sullivan v. Delisa, CVN-009-1831 (Conn.Super. June 10, 2004) (slip op.) (reprinted as State Defendants' Local Rule 56(a)(1) Statement [doc. # 308] Ex. 2) (the "Housing Decision"); Sullivan v. Delisa, CVN-009-1831FA, 2002 WL 523076 (Conn.Super. Jan. 10, 2002).

The Sullivans sue all of the remaining Defendants under 42 U.S.C. § 1983 for violations of their rights under the Fourteenth Amendment to the U.S. Constitution. In addition to their Fourteenth Amendment claims, the Sullivans also sue: (1) all of the Municipal Defendants for violations of the Connecticut Constitution and for intentional infliction of emotional distress; (2) Defendants Devine and Hebert for violations of the Sullivans' rights under the Fifth Amendment; (3) the Town of Farmington for violation of their rights under the Fourth Amendment; (4) the State Defendants for violations of their rights under the First, Fourth, Fifth, and Fourteenth Amendments;¹ and (5) J.W. Green for violating Article First of the Connecticut Constitution and for intentional infliction of emotional distress. See Second Amended Civil Rights Complaint [doc. #251].

Currently pending before the Court are the Municipal Defendants' Motion for Summary Judgment [doc. # 297] and the State Defendants' Motion for Summary Judgment [doc. # 306].² Defendant J.W. Green has not moved for summary judgment. Because the Court finds that there are no genuine issues of material fact and that the Municipal and State Defendants are entitled to judgment as a matter of law, the Court GRANTS the Municipal Defendants' Motion for Summary Judgment [doc. # 297] and the State Defendants' Motion for Summary Judgment [doc. # 306].

I.

As is required on a motion for summary judgment, the Court relates the facts in the light most favorable to Plaintiffs. Further facts will be recited, as needed, in later sections.

Philip and Charlotte Sullivan are the son and daughter-in-law of the late. Mary Crowell, with whom they lived in the Valley View residence from 1970 until the summer of 2000. The events at issue in this case occurred between approximately June 2000 and May 2001, when Mr. Sullivan was arrested on charges of eavesdropping on his mother in violation of Connecticut General Statutes § 53a-189. See Plaintiffs' Memorandum of Law in Opposition to Municipal Defendants' Motion for Summary Judgment [doc. # 317] Ex. E para. 4 ("Pls.' Mem. In Opp'n to Municipal Defs."); Plaintiffs' List of Filings This Date [doc. # 353] Ex. 60.

On June 27, 2000, the Sullivans were informed that Ms. Crowell intended to move from her Valley View residence to a retirement community. See Local Rule 56(a)1 Statement [doc. # 308] Ex. 4 at 82-83. The Sullivans were given the option of purchasing the Valley View residence from Ms. Crowell, see id. at 84, but on July 6, 2000, the Sullivans declined the offer to purchase the residence, in order, so they say, to allow Ms. Crowell to receive the full value of her residence for purposes of paying the expenses of her assisted living accommodations, see Housing. Decision at 3. Mr. Sullivan announced his decision not to purchase the house while he and his sisters, Maryanne Delisa and Kathryn Hyland, were present at the Valley View residence. See Pls.' Mem. In Opp'n to Municipal Defs. [doc. # 317] Ex. E para. 5. When Mr. Sullivan declined to purchase the residence, Ms. Delisa and Ms. Hyland allegedly grew abusive, accusing the Sullivans of never paying rent. See id. In turn, Mr. Sullivan became unwilling to move out of the residence after Ms. Delisa accused Mrs. Sullivan of abusing Ms. Crowell, see Pls.' List of Filings [doc. # 353] Ex. 1B para. 1i, even though the Sullivans claim they were initially amenable to doing so, see Local Rule 56(a)1 Statement [doc. # 308] Ex. 4 at 84; id. Ex. 5 at 160.

According to Mr. Sullivan, he experienced chest pain on account of his sisters' accusations. He then left the Valley View residence and was admitted to St. Francis Hospital, where he and his wife spent the night. See Pls.' Mem. In Opp'n to. Municipal Defs. [doc. # 317] Ex. E para. 5.

The next day, on July 7, the Sullivans and their relatives, including Ms. Crowell, returned to the Valley View residence. According to the Sullivans, the family members resumed their verbal assault on the Sullivans. Strong words passed between the Sullivans and their relatives, Ms. Delisa allegedly stuck her finger in Mrs. Sullivan's face, and Ms. Crowell allegedly poked Mrs. Sullivan with her cane. See Local Rule 56(a)1 Statement [doc. # 308] Ex. 4 at 73-74. Fearing for Mr. Sullivan's health and that physical violence might soon erupt, the Sullivans gathered up some of their belongings, left the Valley View residence, and stayed at the home of Mrs. Sullivan's father. See Pls.' Mem. In Opp'n to Municipal Defs. [doc. # 317] Ex. A at 37-38. The Sullivans never again stayed overnight at the Valley View residence. See Local Rule 56(a)1 Statement [doc. # 308] Ex. 6 at 47.

A. The, July ¶ Incident Involving the Municipal Defendants

Four days later, on July 11, 2000, the Sullivans again returned to the Valley View residence. Ms. Delisa, her husband Thomas Delisa, and Ms. Hyland were already on the premises. See id. Ex. 4 at 33. Ms. Crowell apparently was not present. See id. at 34. Mr. Sullivan claims that Ms. Delisa again verbally accosted the Sullivans. She also accused the Sullivans of abandoning the residence and of never paying rent, she told the Sullivans that the house had been sold, and she ordered the Sullivans to vacate the premises. See id. Ex. 5 at 48. Mr. Sullivan responded by telling the Delisas and Ms. Hyland to leave the residence and, when they refused, Mr. Sullivan called the Farmington Police Department, requesting protection and assistance to remove his relatives from the Valley View residence. See id. Ex. 4 at 17-18. Farmington Police Officer Daniel Devine soon arrived, followed shortly thereafter by Chief Michael Whalen and Officer Troy Williams. See id. at 17, 20.

Mr. Sullivan informed the police that he and his wife were the lawful occupants of the Valley View residence, that his relatives were trespassing and harassing them, and that his relatives had no right to be on the premises. See id. at 26-28. Mr. Sullivan's relatives thereupon produced a key to the residence, which Ms. Delisa claimed Ms. Crowell had given them. See id. at 27, 34-35. Ms. Delisa also stated that Ms. Crowell had given them permission to be on the premises. See id. at 35. Mr. Sullivan's relatives told the police that Mr. Sullivan was not a tenant, had never paid rent, and had never done anything around the house. See id. at 25-26.

In order to demonstrate the work he had done around the residence, Mr. Sullivan took Officer Williams to the backyard. See id. at 26. There, he showed the officer tree limbs that Mr. Sullivan had removed with his bulldozer following a recent storm. The bulldozer was parked behind the house. While behind the house, Mr. Sullivan pleaded with Officer Williams to remove his family members from the Valley View residence and told him that the situation might become violent. See id. Ex. 5 at 58. However, to the Sullivans' consternation, the officers did not remove Mr. Sullivan's relatives from the premises. Rather, pointing to the fact that the relatives had a key for the premises and claimed to have the permission of Ms. Crowell — the residence's owner — to be there, the police informed Mr. Sullivan that he would need to retain a lawyer and go to civil court in order to resolve his differences over the residence with his family members. See id. According to Mr. Sullivan, the officers also told him not to call the police again about his dispute with his family over the property. See Pls.' Mem. In Opp'n to...