134 Conn. App. 422
Conn. App. Ct.2012Background
- Plaintiffs allege city officials allowed five lieutenant examination candidates who lacked requisite time in grade to sit for the exam.
- Five candidates included two African-Americans, one Hispanic, and two Caucasians.
- Plaintiffs assert §1983 due process/equal protection, contract, state constitutional, and intentional infliction claims.
- Defendants moved for summary judgment on June 1, 2010; hearing held September 7, 2010.
- Court did not issue a decision within 120 days; plaintiffs sought reassignment under Practice Book §11-19; court denied reassignment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the court violated Practice Book §11-19 by not reassessing within 120 days | Reassignment required when 120 days elapsed | Potential waiver or extra time justified delay | Court erred; reassignment must be granted absent waiver |
| Whether January 3, 2011 proceeding constituted a hearing extending the 120-day period | January 3 proceeding was a hearing | No hearing; only argument opportunity, thus no extension | Not a hearing; no extension of 120 days |
| Whether plaintiffs waived the 120-day deadline | No waiver; counsel did not intend to relinquish rights | Counsel’s conduct suggested waiver | No waiver established; timely reassignment proper |
| Whether the court was required to grant the motion for reassignment once timely filed | Absent waiver, §11-19(a) requires reassignment | Court could deny if waiver/unavailability | Absent waiver, court must grant reassignment |
| Scope of the court's duties on reassignment under §11-19 | Right to reassignment triggered by timely filing | Discretionary considerations possible | Court must reassign when timely filed and no waiver |
Key Cases Cited
- Dietzel v. Planning Commission, 60 Conn.App. 153 (2000) (hearing definition and nature of proceedings)
- Dortenzio v. Freedom of Information Commission, 48 Conn.App. 424 (1998) (hearing concept; adversarial proceedings)
- LLP Mortgage, Ltd. v. Lynch, 122 Conn. App. 686 (2010) (waiver and 120-day time limitations; reassignment rights)
- Irving v. Firehouse Associates, LLC, 95 Conn.App. 713 (2006) (practice book 11-19 waiver interpretation)
- Byars v. FedEx Ground Package System, Inc., 101 Conn. App. 44 (2007) (statutory interpretation and waiver principles)
- Stewart v. Tunxis Service Center, 237 Conn. 71 (1996) (mandatory interpretation of ‘shall’ in statutes)