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and plaintiff waited 2 years to correct the defect. Decedent Jones was killed while he was an
The plaintiff argued the savings clause applied to inmate at the Garner Correctional Institute.
save notice, despite the error, because there was Plaintiffs brought wrongful death and various
no intent to mislead and the notice would have constitutional claims against several named
been valid. The court agreed with plaintiff that employees of the Department of Corrections,
the notice did not lack an address but merely list- including defendants Semple and Dilworth
ed the incorrect address, and the error was due to who acted as prison supervisors. Defendants
a mistake and plaintiff did not intend to mislead. Semple and Dilworth moved to dismiss the
The court denied the motion to dismiss. plaintiff ’s Eighth Amendment claims, argu-
ing they were entitled to qualified immunity
No Private Cause of Action against because plaintiff failed to allege any personal
Abutting Landowners for Injuries involvement in the decedent’s case. The court
Sustained on Sidewalk found that the plaintiff must show the gov-
ernment-official defendant, through their own
individual actions, violated the constitution,
CASE: Fronio v. Friends of LMB Programs as opposed to merely supervising others who
COURT: Fairfield J.D. at Bridgeport may have committed such violations. As such,
DOC. NO.: CV-20-6094764 the court found plaintiff failed to allege defen-
COURT OPINION BY: Jacobs dants Semple and Dilworth violated the Eighth
DATE: March 22, 2021 • PAGES: 7 Amendment in their individual capacities, and

Plaintiff was injured when she tripped and fell
into a hole/depression on a sidewalk located granted the defendants’ motions to dismiss.
along 399 Mill Hill Avenue in Bridgeport. Plain-
tiff alleged two theories of liability: defendants U.S. DISTRICT COURT
were liable as owners of the sidewalk at issue, or
defendants were liable under the Bridgeport Mu-
nicipal Code which requires landowners to main-
tain abutting sidewalks. The defendant moved for CIVIL RIGHTS

summary judgment, arguing that the Bridgeport
Municipal Code did not create a private cause of Bus Operator Loses ADA Claim against
action against an abutting landowner for injuries Employers
sustained by an individual on the sidewalk, and
that any such liability laid with the city rather than CASE: Irizarry v. HNS Mgmt. Co., Inc.
the private landowner. The court agreed, finding COURT: U.S. District Court for Connecticut
the plaintiff presented no evidence that the city’s DOC. NO.: 19-cv-922
municipal code actually shifted the liability to in- COURT OPINION BY: Bryant
spect or repair sidewalks to private abutting land- DATE: March 29, 2021 • PAGES: 20
owners. The court found that because plaintiff A bus operator, who was medically disquali-
did not allege a positive act by defendants and fied from his job after an injury, lost a sum-
the city code did not shift liability, there was no mary judgment motion filed by his employ-
basis to impose liability on defendants. The court ers after the court ruled that the bus operator
granted the motion for summary judgment. failed to show that he was qualified for a va-
cant position. The plaintiff, Neftali Irizarry,
was a bus operator for defendant who injured
PERSONAL INJURY • WRONGFUL DEATH his hand and ultimately was medically dis-

Dismissal Granted where Plaintiff qualified and terminated from his position.
Irizarry brought suit against the operators of
Failed to Allege Defendant/Supervisors the state bus system, HNS Management Com-
Violated Constitution in Individual pany, Inc., arguing that HNS discriminated
Capacities against him in violation of the Americans
with Disabilities Act, 42 U.S.C. § 12101. HNS
moved for summary judgment, and the court
CASE: Richardson v. Semple agreed, ruling that Irizarry failed to show dis-
COURT: Hartford J.D. crimination through a failure of reasonable
DOC. NO.: CV-18-6098918 accommodations because he was not qualified
COURT OPINION BY: Noble
DATE: March 18, 2021 • PAGES: 8 for any vacant position.

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