Date: 07-19-2001

Case Style: Peter F. Martin v. Edgar Rodriquez, et al.

Case Number: 3:99CV487(JBA)

Judge: Arterton

Court: United States District Court for the District of Connecticut

Plaintiff's Attorney: John R. Williams of Williams & Pattis, New Haven, Connecticut

Defendant's Attorney: Robert Bishop Fiske, III, Attorney General's Office, Hartford, Connecticut

Description: Plaintiff Peter F. Martin was arrested as a felon in possession of a firearm, in violation of Conn. Gen. Stat. § 53a-217. Plaintiff is not a convicted felon, however. Because the criminal records of one Peter B. Martin were mistakenly merged with those of plaintiff (Peter F. Martin), the background check conducted following his purchase of a hunting rifle showed that he had previously been convicted of burglary in the third degree and larceny in the second degree. The police obtained and executed search and arrest warrants based on this mistaken information.

Plaintiff brought suit under 28 U.S.C. § 1983 against Connecticut state troopers Edgar Rodriguez, Roland Levesque, Timothy Osika and Mark Piccurillo,1 claiming that defendants violated his civil rights by conducting an unreasonable search and seizure of him and his property, arresting him under an invalid warrant for a crime he did not commit, and holding him under an unreasonable and excessive bond, in violation of the Fourth, Eighth and Fourteenth Amendments of the Constitution. Plaintiff also asserts a state law claim of intentional infliction of emotional distress.p>* * *

Click the case caption above for the full text of the Court's opinion.

Outcome: Defendants have moved for summary judgment on all claims [Doc. # 26]. For the reasons discussed below, the Court finds that there are no material facts in dispute and that defendants are entitled to judgment as a matter of law on plaintiff’s constitutional claims. The Court declines to exercise supplemental jurisdiction over plaintiff’s state law claims. Accordingly, defendants’ motion is GRANTED.

Plaintiff's Experts: Unknown

Defendant's Experts: Unknown

Comments: Reported by Kent Morlan