147 Conn. App. 704
Conn. App. Ct.2014Background
- Plaintiffs Eduardo Perez and Jose Fernandez sued defendant Peter Minore (later substituted by his estate) for civil assault, alleging Minore asked two third parties (Max Felix and Freddy Martin) to harm or kill them.
- New Haven Police Sergeant Alfonso Vasquez investigated after Perez complained; recordings of conversations between Minore and each third party were made using "wires," but Vasquez closed the investigation for lack of probable cause.
- Plaintiffs subpoenaed the police investigative report and the two audiotapes for use at their civil trial. The City moved to quash production under the Freedom of Information Act (FOIA) exceptions.
- At trial the court conducted an in camera review and excluded the report and tapes, finding them subject to FOIA §§ 1-216 and 1-210(b)(3)(G) as records containing uncorroborated allegations.
- The trial court ruled for the defendant, finding plaintiffs failed to prove civil assault or damages; plaintiffs appealed solely challenging the exclusion of the report and tapes.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the police report and audiotapes were admissible despite FOIA exceptions | The report/tapes are relevant and not protected; §1-216/§1-210 were misapplied | The records contain uncorroborated allegations of criminal activity and are exempt from disclosure under §1-216 and §1-210(b)(3)(G) | Trial court did not abuse discretion: in camera review showed materials were uncorroborated and properly excluded |
| Whether nondisclosure was harmless error requiring a new trial | Exclusion deprived plaintiffs of proof of threats and damages | Even if wrongly excluded, verdict would stand because plaintiffs failed to prove assault or damages | Any error would be harmless; judgment affirmed |
Key Cases Cited
- DeWitt v. John Hancock Mutual Life Ins. Co., 5 Conn. App. 590 (1985) (defines civil assault as causing imminent apprehension of harmful or offensive contact)
- State v. Coccomo, 302 Conn. 664 (2011) (standard of review for evidentiary rulings: abuse of discretion)
- Klein v. Norwalk Hospital, 299 Conn. 241 (2010) (harmless error standard for civil evidentiary rulings)
- State v. Januszewski, 182 Conn. 142 (1980) (discussion of disclosure of investigatory materials under confrontation/constitutional principles)
- Bona v. Freedom of Information Commission, 44 Conn. App. 622 (1997) (legislative purpose of FOIA exemptions to protect subjects of allegations)