As you can see, the list of damaging accusations in this lawsuit are much more than what was described in Dirk Perrefort's article last year. In fact, in typical fashion, Perrefort's article didn't even scratch the surface when it came to informing the public regarding the problems the mayor and city faced by the plaintiffs.
In a later post, I'll explain in detail the judge's last ruling in this case before the settlement. Afterwards, you'll have a clearer understanding of what the city was up against and why it's important that people like Boughton, former chief (and current city councilman) Phil Curran and former Civil Service commissioner Mike Finn Sr. should be questioned about their role in the matter.
...we're only talking about 450,000 dollars (MINUS OTHER EXPENSES) of taxpayer's money.
THIS IS REQUIRED READING...
Superior Court, J.D. of Danbury at Danbury, 10.31.07
Timothy O'Hanlon and Adam Sussman, Plaintiffs
-v-
City of Danbury, Mark Boughton, in his official and individual capacity, Peter Siencienski, in his official and Individual capacity, Philip Curran, in his official and individual capacity, Geoffrey Herald, in his official and individual capacity, Michael Finn, Sr. in his official and individual capacity, Adam Hughes, Michael Sedgwick, John Whitehead, Justin Bierbower, Nate Chapin, Douglas Zaniewski, Kenneth Stilson, JonathanDeJoseph, Patrick Heron, Kent Bonsignore, James Gagliardo, Roger Bohan, James Carson, Sean Wanat, Joseph Stabile, Nicholas Velotti, Michael Vitolo, Philip Espitee, Kevin Lunnie, Gabriel Rivera, Kenneth Monteavaro, Michael Finn, Gregory Korotash, Jordan Sherman, Dikon Brown, Allan Lewis and Paul Perrotti, Defendants.
VERIFIED COMPLAINT
First Count: In the Nature of Quo Warranto
1. Timothy O'Hanlon ("O'Hanlon") is a resident of Danbury Connecticut and a candidate for a position with the Danbury Fire Department as an Entry Level
Firefighter.
2. Adam Sussman ("Sussman") is a resident of Bethel Connecticut and a candidate for a position with the Danbury Fire Department as an Entry Level Firefighter.
3. The City of Danbury, hereinafter, the "City", is a municipality organized and existing under the laws of the State of Connecticut.
4. Mark Boughton is and was, at all times relevant, the Mayor of the City of Danbury, hereinafter, the "Mayor".
5. Peter Siencienski was the Chief of the Danbury Fire Department, hereinafter, "Chief Siencienski".
6. Philip Curran was the Deputy Chief and then the interim Chief of the Danbury Fire Department, hereinafter, "Chief Curran".
7. Geoffrey Herald is the Chief of the Danbury Fire Department, hereinafter, "Chief Herald".
8. Michael Finn, Sr., is and was at all times relevant, the Chairman of the Civil Service Commission for the City of Danbury.
9. Defendants Adam Hughes, Michael Sedgwick, John Whitehead, Justin Bierbower, Nate Chapin, Douglas Zaniewski, Kenneth Stilson, Jonathan Dejoseph, Patrick Heron, Kent Bonsignore, James Gagliardo, Roger Bohan, James Carson, Sean Wanat, Joseph Stabile, Nicholas Velotti, Michael Vitolo, Philip Espitee, Kevin Lunnie, Gabriel Rivera, Kenneth Monteavaro, Michael Finn, Gregory Korotash, Jordan Sherman, Dikon Brown, Allan Lewis, and Paul Perrotti have each been appointed to positions as Entry Level Firefighters in violation of the City of Danbury Charter and the Civil Service Rules. Such positions should have been filled by persons that the open competitive examination determined to be more qualified as evidenced by their higher rank on the Entry Level Firefighter Eligibility List.
10. The City is organized under a Charter which establishes a "merit system" for the hiring and promotion of officers and employees of the City. Revised Charter of the City of Danbury approved November 6, 1990, Section 6-3, hereinafter, "Charter, Sec. ___".
11. The 'merit system" for the City is administered through the Personnel Department and the Civil Service Commission pursuant to the Charter and the Civil Service Rules and Regulations of the City of Danbury, effective 01/18/2000, hereinafter, "Civil Service Rules, Sec. ___".
12. The Civil Service Rules were established to "provide a means for selecting and promoting each public official and employee upon the sole basis of his or her proven ability to perform the duties of his or her office or employment more efficiently than any other candidate." Civil Service Rules, Introduction,
13. Further, the Civil Service Rules provide that the selection of employees "shall in no way be influenced by the race, religion, creed, color, sex, national origin, ancestry, marital status, citizenship, age, or political affiliation of the candidate." Id.
14, The Civil Service Rules proscribe the process by which a new employee is selected, including:
- a. how a competitive examination is announced and what information the announcement must include, (Civil Service Rules, Sec. V. A. 1.);
- b. the application procedure (Civil Service Rules, Sec. V. B.);
- c. the examination's purpose, contents, procedure and what conduct will allow a candidate to be disqualified (Civil Service Rules, Sec. VI.);
- d. how the examination will be conducted, scored, what preference points, if any, will be awarded, how the candidates' results will be used to assign a rank on the eligibility list, and how the results will be announced. Id. at H, and
- e. how the eligibility lists will be used to certify eligible candidates to the Mayor for appointment. (Civil Service Rules, Sec. VII.).
15. Each provision of the Charter and the Civil Service Rules relating to the selection of candidates and employees must be strictly complied with by the City to eliminate bias and favoritism.
16. The policy of the City is that all appointments are made "upon the sole basis of his or her proven ability to perform the duties of his or her office or employment more efficiently than any other candidate … to be ascertained so far as practicable by competitive examination." Civil Service Rules, Introduction and Section VI Examinations, A. Policy.
17, In or about June 2005, the City announced that it would accept applications for "Firefighter- Entry Level" through July 21, 2005, The cost to apply for employment was $75.
18. The announcement stated that the candidates' final score would consist of the written examination: 60% and oral examination 40%, and a physical ability test: pass / fail. Further, candidates would receive additional credit for status as a veteran, a City resident, or a volunteer firefighter. The announcement does not state that an interview by any Fire Department administrator or by the Mayor will be considered in determining a candidate's relative qualification for a position.
19. O'Hanlon submitted an application with all of the required supporting documentation including a certification from the Connecticut Fire Academy that he had passed the physical ability test on July 12, 2005.
20. Sussman submitted an application with all of the required supporting documentation including a certification from the Connecticut Fire Academy that he had passed the physical ability test on April 7, 2005.
21. O'Hanlon and Sussman were notified that the written test would be administered August 22, 2005.
22. After signing in for the test, O'Hanlon observed that candidates who were arriving to take the test were allowed to mingle with candidates who had completed the test.
23.The oral portion of the examination was given on September 14,15, and 16th 2005.
24. On October 3, 2005, prior to the Entry Level Firefighter Eligibility List being promulgated on October 19, 2005, the City appointed six candidates; Seth Ambroso (ranked 3rd), James Croswell(ranked 6th), Raymond Guard (ranked 11 th), Shawn McGee(ranked 13th), Kevin Sullivan (ranked 14th), and Richard Gallagher (ranked 15th), (the, "First Round").
25. Appointing candidates to positions prior to the promulgation of the eligibility list violates the Civil Service Rules,
26. On the Entry Level Firefighter Eligibility List promulgated on October 19, 2005, Sussman ranked 8th and O'Hanlon ranked 18th, The firefighter/Defendants were ranked as follows:
Name, (Date of hire in rank in order of seniority) -- Rank
Ambrose, Seth (10/03/05) -- 3
Croswell, James (10/03/05) -- 6
Guard, Raymond (10/03/05) -- 11
McGee, Shawn (10/03/05) -- 13
Sullivan, Kevin (10103/05) -- 14
Gallagher, Richard (10/03/05) -- 15
Bruce, Gary (03102/06) -- 1
Sellick, Keith (03/02/06) -- 5
Mourges, Theodore (03/02/06) -- 9
Hughes, Adam (03/02/06) -- 19
Sedgwick, Michael (03/02/06) -- 21
Whitehead, John (03/02/06) -- 24
Hanson, Robert (07/06/06) -- 2
Cabral, Nicholas (07/06/06) -- 7
Houser, Adam (07106/06) -- 16
Bierbower, Justin (09/28/06) -- 53
Chapin, Nate (03/05/07) -- 23
Zamewski, Jouglas (03/05/07) -- 30
Stilson, Kenneth (03/05/07) -- 34
DeJoseph, Jonathan (03/05/07) -- 38
Heron, Patrick (03/05/07) -- 40
Bonsignore, Kent (06/22/07) -- 28
Gagliardo, James (06/22/07) -- 39
Bohan, Rodger (06/22/07) -- 61
Carson, James (06/22107) -- 72
Wanat, Sean (06/22/07) -- 80
Stabile, Joseph (06/22/07) -- 90
Velotti, Nicholas (06/22107) -- 91
Vitolo, Michael (06/22/07) -- 114
Espitee, Philip (recent) -- 47
Lunnie, Kevin (recent) -- 27
Rivera, Gabriel (recent) -- 69
Monteavaro, Kenneth (recent) -- 102
Finn, Michael (intend to hire list) -- 103
Korotash, Gregory (intend to hire list) -- 105
Sherman, Jordan (intend to hire list) -- 108
Brown, Dickon (intend to hire list) -- 119
Lewis, Allan (intend to hire list) -- 135
Perrotti, Paul (intend to hire list) -- 164
Conlon, Leonard (no longer employed) -- 66
Arnold, David (no longer employed) -- 33
27. Based upon the results of the merit competitive examination, nine unappointed candidates including Sussman were ranked higher (ie: more qualified) than at least one of the persons appointed on October 3, 2005.
28. Candidates 1, 2, 4, 5, 7, 8, 9, 10, and 12 were passed over.
29, On November 7, 2005, O'Hanlon was notified by the City that he was 18th on the list.
30. 0n November 7,2005, Sussman was notified by the City that he was 8th on the list.
31. 0n January 19,2006, Sussman was notified that the City of Danbury would be running a CPAT exam the following day. Sussman successfully completed the CPAT exam on January 20, 2006.
32. 0n February 10, 2006, a job offer was extended to Sussman, contingent on satisfactory results of a background check, and medical and psychological examination. Sussman immediately met with the Danbury police department and provided the required fingerprints, information and releases.
33. On February 14, 2006, O'Hanlon was notified that his application was deferred until the next round of hiring and that his name would remain on the eligibility list for at least one year.
34. On February 24, Sussman was informed by letter that the City did not have enough seats at the Fire Academy to send him to the Fire Academy and, therefore, he was being deferred to the next round of hiring, By implication, Sussman had successfully completed the requirements of the contingent offer.
35. 0n March 2, 2006, six additional candidates were appointed to positions; Gary Bruce (ranked 1 st), Keith Sellick (ranked 5th), Theodore Mourges (ranked 9th), Adam Hughes (ranked 19th), Michael Sedgwick (ranked 21) and John Whitehead (ranked 24th), (the, "Second Round").
36. Gary Bruce (ranked 1 st), Keith Sellick (ranked 5th), and Theodore Mourges (ranked 9th) ranked higher ie: more qualified than persons appointed in the First Round.
37. Based upon the results of the merit competitive examination, twelve unappointed candidates including Sussman (ranked 8th) and O'Hanlon (ranked 18th) were ranked higher ie: more qualified than at least one of the persons appointed on March 2, 2006.
38. Candidates 2, 4, 7, 8, 10, 12, 16, 17, 18, 20, 22 and 23 were passed over.
39. Although the City is allowed to strike from the eligibility list any candidate that has been certified to the Mayor three times but not appointed, on information and belief, the City did not strike every candidate that was certified to the Mayor three times but not appointed.
40. If the City claims it did strike certain candidates from the eligibility list for this reason, its action would be arbitrary and capricious because the City did not strike every candidate that has been certified to the Mayor three times but not appointed.
41. The City is required to notify a candidate that his/her name has been removed or stricken from the list and the reason therefore.
42. 0'Hanlon has not been notified that his name was removed or stricken from the eligibility list.
43. Sussman has not been notified that his name was removed or stricken from the eligibility list.
44. 0n July 6,2006, three additional candidates were appointed to.,positions; Robert Hanson (ranked 2nd), Nicholas Cabral (ranked ih), and Kyle Houser (ranked 16th) (the, "Third Round",).
45. Based upon the results of the merit competitive examination, four unappointed candidates including Sussman (ranked 8th) were ranked higher ie: more qualified than at least one of the persons appointed.
46. Candidates 4, 8, 10 and 12 were passed over.
47. Robert Hanson (ranked 2nd), Nicholas Cabral (ranked ih), and Kyle Houser (ranked 16th) each ranked higher (ie: more qualified) than persons appointed in the second round. Robert Hanson and Nicholas Cabral ranked higher (ie: more qualified) than persons hired in the first round.
48. On September 28, 2006 Justin Bierbower was appointed. He was ranked 53rd on the eligibility list. (The, "Fourth Round"). On that date there were 37 unappointed candidates ranked higher (ie: more qualified) than Bierbower.
49. Candidates 4, 8, 10, 12, 17, 18, 20, 22, 23, and 25-52 were passed over.
50. 0n information and belief, at some point, Candidate 4 was taken off the eligibility list.
51. 0n November 1, 2006, the eligibility list was revised, All remaining candidates were given revised rankings. Sussman was ranked 1. O'Hanlon was ranked 5.
52. 0n February 27,2007, five additional candidates were appointed; Nate Chapin(ranked 23rd then 8th), Douglas Zaniewski(ranked 30th then 14th), Kenneth Stilson(ranked 34th then 18th), Jonathan DeJoseph(ranked 38th then (22nd), and Patrick Heron(ranked 40th then 24th) (the, "Fifth Round").
53. Based upon the results of the merit competitive examination, nineteen unappointed candidates, including Sussman (8th) and O'Hanlon (18th), on the October 19, 2005 eligibility list were ranked higher ie: more qualified than at least one of the persons appointed.
54.Candidates 4, 8, 10, 12, 17, 18, 20, 22, 25-29, 31-33, 35-37, and 39 were passed over.
55. Based upon the results of the merit competitive examination, eighteen unappointed candidates including Sussman (8, then 1) and O'Hanlon (18, then 5) on the November 1, 2006 revised eligibility list were ranked higher ie: more qualified than at least one of the persons appointed. (Candidate 4 did not appear on revised list.)
56. Based upon the results of the merit competitive examination, Sussman and O'Hanlon ranked higher (ie: more qualified) on the eligibility lists dated October 19, 2005 and November 1, 2006 than Nate Chapin, Douglas Zaniewski, Kenneth Stilson, Jonathan DeJoseph, and Patrick Heron.
57. On June 22,2007 ten additional candidates were appointed to positions:
Kent Bonsignore(ranked 40th then 28th), David Arnold(ranked 33rd then 1 ih), James Gagliardo(ranked 39th then 23rd), Roger Bohan(ranked 61 st then 2ih), James Carson (ranked 72nd then 58th), Leonard Conlon(ranked 66th then 52nd), Sean Wanat(ranked 80th then 66th), Joseph Stabile(ranked 90th then 76th), Nicholas Velotti(ranked 91 st then 77th) and Michael Vitolo(ranked 114th then 100th) ( the, "Sixth Round").
58. Sussman and O'Hanlon ranked higher (ie: more qualified) on the eligibility lists dated October 19, 2005 and November 1, 2006 than any person appointed on June 22, 2007.
59. Eighty four unappointed candidates on the October 19, 2005 eligibility list were ranked higher (ie: more qualified) than at least one of the persons appointed on June 22, 2007.
60. Candidates 4, 8, 10, 12, 17, 18, 20, 22, 25-27, 29, 31, 32, 35-37, 41-47, 48-51, 54-60, 62-65, 67-71, 73-79, and 81-89, 92-113 were passed over.
61. Eighty three unappointed candidates on the November 1, 2006 revised eligibility list were ranked higher (ie: more qualified) than at least one of the persons appointed on June 22, 2007. (Candidate 4 did not appear on revised list. )
62. Kent Bonsignore, David Arnold, and James Gagliardo were each appointed after persons having a lower rank (ie: less qualified) on either eligibility list were appointed.
63. As of this date, at least four additional candidates have been appointed to positions; Kevin Lunnie (ranked 2ih then 11th), Philip Espitee (ranked 4ih then 31 st), Gabriel Rivera (ranked 69th then 55th), and Kenneth Monteavaro (ranked 1 02nd then 88th), (the, "Seventh Round").
64. Sussman and O'Hanlon ranked higher (ie: more qualified) on the eligibility lists dated October 19, 2005 and November 1, 2006 than Philip Espitee, Kevin Lunnie, Gabriel Rivera, and Kenneth Monteavaro.
65. Eighty four unappointed candidates on the October 19, 2005 eligibility list were ranked higher (ie: more qualified) than at least one of the persons appointed on June 22, 2007.
66. Candidates 4, 8, 10, 12, 17, 18, 20, 22, 25, 26, 29, 31, 32, 35-37, 41-46, 48-51, 54-60, 62-65, 67, 68, 70, 71, 73-79, and 81-89, 92-101 were passed over
67. Eighty three unappointed candidates on the November 1, 2006 revised eligibility list were ranked higher (ie: more qualified) than at least one of the persons appointed on June 22, 2007. (Candidate 4 was removed from the revised liSt.)
68. Philip Espitee, Kevin Lunnie, Gabriel Rivera, and Kenneth Monteavaro were each appointed after persons having a lower rank (ie: less qualified) on either eligibility list.
69. On information and belief six additional candidates have been appointed through the use of conditional offers to hire in April 2008; Michael Finn (ranked 1 03rd then 89th), Gregory Korotash (ranked 105th then 91 st), Jordan Sherman (ranked 1 08th then 94th), Dikon Brown (ranked 119th then 105th), Allan Lewis (ranked 135th then 121 st), and Paul Perrotti (ranked 164th then 150th), (the "Eighth Round").
70. Candidates 4, 8, 10,12, 17, 18, 20, 22, 25,26, 29, 31, 32, 35-37, 41-46, 48-51, 54-60, 62-65, 67, 68, 70, 71, 73-79, and 81-89, 92-101, 104, 106, 107, 109-118, 120-134, and 136-163 were passed over.
71.Sussman and O'Hanlon ranked higher ie: more qualified on the eligibility lists dated October 19, 2005 and November 1, 2006 than Michael Finn, Gregory Korotash, Jordan Sherman, Dikon Brown, Allan Lewis, and Paul Perrotti.
72, One hundred twenty three unappointed candidates on the October 19, 2005 eligibility list were ranked higher ie: more qualified than at least one of the persons appointed on June 22, 2007 One hundred twenty two unappointed candidates on the November 1, 2006 revised eligibility list were ranked higher ie: more qualified than at least one of the persons appointed on June 22, 2007.
73. Adam Hughes, Michael Sedgwick, John Whitehead, Justin Bierbower, Nate Chapin, Douglas Zaniewski, Kenneth Stilson, Jonathan DeJoseph, Patrick Heron, Kent Bonsignore, James Gagliardo, Roger Bohan, James Carson, Sean Wanat, Joseph Stabile, Nicholas Velotti, Michael Vitolo, Philip Espitee, Kevin Lunnie, Gabriel Rivera, Kenneth Monteavaro, Michael Finn, Gregory Korotash, Jordan Sherman, Dikon Brown, Allan Lewis, and Paul Perrotti have each been appointed to positions that pursuant to the Charter and the Civil Service Rules of the City of Danbury should have gone to persons that the merit competitive examination and the City of Danbury determined to be more qualified as evidenced by their higher rank on the Eligibility List in violation of the Charter, the Civil Service Rules and the policy of the City of Danbury.
74. On information and belief, Michael Finn, one of the candidates that were appointed over higher ranking ie: more qualified candidates is the son of Michael Finn, Sr. the Chairman of the Civil Service Commission.
75. On information and belief, Michael Finn was arrested and prosecuted for impersonating a police officer. On information and belief, Michael Finn was ultimately convicted of a misdemeanor.
76. On information and belief, other candidates listed in paragraph 66 are related by blood, marriage or impending marriage to current and past fire department administrators.
77. 0n information and belief, certain candidates, including O'Hanlon and Sussman, were passed over because City officials, including the Mayor and Fire Department administrators "blackballed" the candidates based on unofficial investigations.
78. The Civil Service Rules designates the Civil Service Commission with the sole authority to do a pre-employment "police record, employment, educational and reference check" and post-appointment employment verification and police record check.
79. Neither pre-employment nor post-appointment investigation was initiated or completed regarding Timothy O'Hanlon,
80. Sussman was never informed of any negative information discovered about him pursuant to the background check he authorized.
81. Neither Sussman nor O'Hanlon was given an opportunity to address or appeal the "blackball".
82. Based on the Civil Service Rules and the Charter, the authority to appoint or pass over O'Hanlon was the Mayor's alone, based on the objective testing, satisfactory physical ability test, and criminal background check.
83. 0n information and belief, the decision to pass over Sussman and O'Hanlon was made by Fire Department officials based on false and defamatory information procured outside of the background check process required by the Civil Service Rules.
84. Connecticut General Statute§ 52-491 provides:
"When any person or corporation usurps the exercise of any office, franchise or jurisdiction, the Superior Court may proceed, on a complaint in the nature of a quo warranto, to punish such person or corporation for such usurpation, according to the course of the common law and may proceed therein and render judgment according to the course of the common law,"
85. Since October 3, 2005, Adam Sussman has been and continues to be wrongfully denied appointment to the position of Entry Level Firefighter in the Danbury Fire Department.
86. Since March 2, 2006, Timothy O'Hanlon has been and continues to be wrongfully denied appointment to the position of Entry Level Firefighter in the Danbury Fire Department.
87. Because defendant Boughton was required by the City's Charter and Civil Service Rules to select Sussman and O'Hanlon over lower ranked ie: less qualified candidates as determined by the competitive examination, defendants Adam Hughes, Michael Sedgwick, John Whitehead, Justin Bierbower, Nate Chapin, Douglas Zaniewski, Kenneth Stilson, Jonathan DeJoseph, Patrick Heron, Kent Bonsignore, James Gagliardo, Roger Bohan, James Carson, Sean Wanat, JosephStabile, Nicholas Velotti, Michael Vitolo, Philip Espitee, Kevin Lunnie, Gabriel Rivera, Kenneth Monteavaro, Michael Finn, Gregory Korotash, Jordan Sherman, Dikon Brown, Allan Lewis, and Paul Perrotti are not legally occupying the position of Entry Level Firefighter in the Danbury Fire Department
88. Therefore, Plaintiffs request that the defendants show by what right defendants Adam Hughes, Michael Sedgwick, John Whitehead, Justin Bierbower, Nate Chapin, Douglas Zaniewski, Kenneth Stilson, Jonathan DeJoseph, Patrick Heron, Kent Bonsignore, James Gagliardo, Roger Bohan, James Carson, Sean Wanat, Joseph Stabile, Nicholas Velotti, Michael Vitolo, Philip Espitee, Kevin Lunnie, Gabriel Rivera, Kenneth Monteavaro, Michael Finn, Gregory Korotash, Jordan Sherman, Dikon Brown, Allan Lewis, and Paul Perrotti hold these positions.
89. Further, if defendants cannot prove their right to each of these positions, Plaintiffs request an order to unseat each of these illegal office holders and declare these positions vacant.
Second Count: In the Nature of Mandamus Sec. 52-485
1-87 Plaintiffs reasserts and re-alleges paragraphs 1-87 of the First Count as if set out here.
88. The City is required to select employees "upon the sole basis of his or her proven ability to perform the duties of his or her office or employment more efficiently than any other candidate ... to be ascertained so far as practicable by competitive examination," Civil Service Rules, Introduction and Section VI Examinations, A. Policy.
89. Defendants Adam Hughes, Michael Sedgwick, John Whitehead, Justin Bierbower, Nate Chapin, Douglas Zaniewski, Kenneth Stilson, Jonathan DeJoseph, Patrick Heron, Kent Bonsignore, David Arnold, James Gagliardo, Roger Bohan, James Carson, Sean Wanat, Joseph Stabile, Nicholas Velotti, Michael Vitolo, Philip Espitee, Kevin Lunnie, Gabriel Rivera, Kenneth Monteavaro, Michael Finn, Gregory Korotash, Jordan Sherman, Dikon Brown, Allan Lewis, and Paul Perrotti are not legally entitled to hold these positions because the Charter and Civil Service Rules require selection on the basis of merit as determined by relative rank based on the results of a competitive examination.
90. Plaintiffs have no adequate remedy at law.
91. Plaintiffs request an order requiring the City to appoint them to positions of Entry Level Firefighter as of October 3, 2005 (Sussman) March 2, 2006 (O'Hanlon) with all of the rights, benefits and compensation thereto.
Third Count: 42 USC § 1983- Equal Protection
1-87. Plaintiffs reassert and re-allege paragraphs 1-87 of the First Count as if set out here.
88. The defendant's actions were taken under color of state law,
89. The Equal Protection Clause requires that the government treat similarly situated people alike.
90, O'Hanlon and Sussman have been intentionally treated differently from others similarly situated and there is no rational basis for that treatment.
91. There is no legitimate governmental policy to justify passing over more qualified candidates to appoint less qualified persons as described above.
92. Alternatively, such selective treatment was based on an impermissible. Consideration such as intent to hinder constitutional rights, or malicious or bad faith intent to injure O'Hanlon and Sussman.
93. Plaintiffs request an order requiring the City to appoint them to a position of Entry Level Firefighter as of October 3, 2005 (Sussman) and March 2, 2006 (O'Hanlon) with all of the rights, benefits and compensation thereto.
94. Under § 1983, plaintiffs are also entitled to be compensated for their loss of experience and training, loss of promotional opportunities, emotional distress including humiliation and loss of respect, attorneys fees and court costs.
95. Sussman and O'Hanlon are also entitled to punitive damages against defendants Peter Siencienski, Philip Curran, Geoffrey Herald and Mark Boughton in that their conduct in wrongfully failing to appoint Sussman O'Hanlon was "motivated by evil motive or intent" andlor "involve[d] reckless or callous indifference" to plaintiff's federally protected rights.
WHEREFORE, plaintiffs Adam Sussman and Timothy O'Hanlon demands judgment against defendants as follows:
- a) on the First Count, Plaintiffs request that the defendants show by what right defendants Adam Hughes, Michael Sedgwick, John Whitehead, Justin Bierbower, Nate Chapin, Douglas Zaniewski, Kenneth Stilson, Jonathan DeJoseph, Patrick Heron, Kent Bonsignore, David Arnold, James Gagliardo, Roger Bohan, James Carson, Sean Wanat, Joseph Stabile, Nicholas Velotti, Michael Vitolo, Philip Espitee, Kevin Lunnie, Gabriel Rivera, Kenneth Monteavaro, Michael Finn, Gregory Korotash, Jordan Sherman, Dikon Brown, Allan Lewis, and Paul Perrotti hold these positions,
- b) Further, if defendants cannot prove their right to each of these positions, Plaintiffs request an order to unseat each of these illegal office holders and declare these positions vacant.
- c) On the Second Count, Plaintiffs request an order requiring the City to appoint them to positions of Entry Level Firefighter as of October 3, 2005 (Sussman) and March 2, 2006 (O'Hanlon) with all of the rights, benefits and compensation thereto.
- d) On the Third Count, Plaintiffs request an order requiring the City to appoint them to positions of Entry Level Firefighter as of October 3, 2005 (Sussman) and March 2, 2006 (O'Hanlon) with all of the rights, benefits and compensation thereto and to be compensated for his loss of experience and training, loss of promotional opportunities, emotional distress including humiliation and loss of respect, attorneys fees and court costs. O'Hanlon and Sussman are also entitled to punitive damages against defendants Peter Siencienski, Philip Curran, Geoffrey Herald and Mark Boughton.
- e) such other and further relief which this Court deems just and proper.
Plaintiffs
By: Elisabeth Seicroe Maurer
Maurer & Associates, PC
Attorney for Plaintiffs
871 Ethan Allen Hwy, St. 202
Ridgefield, CT 06877
Phone: (203) 438-1388
Fax: (203) 431-0357
emaurer@maurerandassociates.com
On September 26, 2007, ten plaintiffs filed suit in response to an arrest of aday laborers at a public park in Danbury, Connecticut. Plaintiffs amended their complaint on November 26, 2007.
