Thurman, Jr., made by her estranged husband, Charles Thurman. Accordingly, the material facts of this case are as follows:īetween early October 1982 and June 10, 1983, the plaintiff, Tracey Thurman, a woman living in the City of Torrington, and others on her behalf, notified the defendant City through the defendant police officers of the City of repeated threats upon her life and the life of her child, the plaintiff Charles J. 2A Moore's Federal Practice 2267, ¶ 12.08 n. Furthermore, it is well settled that for purposes of a motion to dismiss, the well pleaded material allegations of the complaint are taken as true. A complaint should not be dismissed unless it appears that the plaintiff could prove no set of facts in support of her claim which would entitle her to relief. Silver Cross Hospital of Joliet, Illinois, 340 F. On a motion to dismiss, the sole issue is whether under the facts alleged in the plaintiff's complaint it appears to a certainty that the plaintiff is entitled to no relief. The defendant City has filed a motion to dismiss the plaintiffs' complaint, or various claims therein, pursuant to Rule 12(b) of the Federal Rules of Civil Procedure. In addition, the plaintiffs seek to hold liable the defendant City of Torrington (hereinafter, the "City"). §§ 1983, 1985, 19, as well as the fifth, ninth, and fourteenth amendments to the Constitution, alleging that their constitutional rights were violated by the nonperformance or malperformance of official duties by the defendant police officers. The plaintiffs have brought this action pursuant to 42 U.S.C. Woodbridge, West Hartford, Conn., Gerald R. Germain, Bai, Pollock & Dunnigan, Bridgeport, Conn., Timothy F. Noble, Stoner, Gross, Chorches, Lapuk & Kleinman, Hartford, Conn., Arnold J. Mauzaka, Bridgeport, Conn., for plaintiffs. Weinstein, Weinstein, Weiner & Shapiro, Judith A. It’s something that you hate to see happen, but until all the facts are in, you can’t condemn a guy.United States District Court, D. In the past he’s done a fantastic job and I think he’s been a terrific cop. “I was shocked when the chief told me about it,” Czapor said. Safety board member Frank Czapor said Zeller has been a good police officer and he’s sorry to see him in trouble. “He’s always been a good cop and that’s why I was pretty strong on recommending him on the sergeant’s position,” Hayes said. Hayes said he does not regret proposing at Wednesday’s meeting that Zeller be promoted. “As a police officer, he’s obligated to do that,” said Hayes, a retired deputy police chief. Safety board member Joe Hayes said he has not received a full report on the latest incident, but said he was told by police that Zeller was in his car leaving the parking lot when he was summoned to help someone involved in an altercation. The state’s attorney’s office declined to prosecute the charge on July 25. He was arrested by state police on a misdemeanor charge of evading responsibility on July 9 after he allegedly struck a parked car while leaving the Goshen Fairgrounds, said state police at Troop B barracks in Canaan. He has been a Torrington police officer for about 14 years. Zeller was promoted to sergeant during a board of public safety meeting Wednesday night. Also arrested were: Victor Melaragno, 50, of 133 Marcia Drive Michael Samios, 22, of 3 School St.
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