Page 36 - CLT061520

36 ¦ JUNE 15, 2020 CONNECTICUT OPINIONS

CONTRACTS and reduced his sentence to time served with
supervised release.
Court Denies Motion To Reconsider
Ruling on Floating Forum Selection Court Grants Immediate Release In
Clause Light Of COVID-19 To Inmate With
Extreme Obesity And Heart Condition
CASE: Purugganan v. AFC Franchising, LLC
COURT: U.S. District Court for Connecticut
DOC. NO.: 3:20-cv-00360 CASE: United States v. Acoff
COURT: U.S. District Court for Connecticut
COURT OPINION BY: Dooley DOC. NO.: 3:15cr157
DATE: June 04, 2020 • PAGES: 6
COURT OPINION BY: Shea
Plaintiff executed a master development agree- DATE: May 29, 2020 • PAGES: 8
ment with defendant, which provided a forum Defendant was sentenced to a total sentence
selection clause where suit must be brought in of 96 months imprisonment for charges based
the “state or judicial district in which we [de- on dealing drugs, and motioned for reduction
fendant] have our principal place of business of his term and immediate release due to the
at the time the action is commenced.” The dangers imposed by COVID-19. Defendant
plaintiff alleged the clause did not reasonably suffered from morbid obesity and a congeni-
notify plaintiff that he consented to suit in a tal heart condition. The government opposed
jurisdiction in the future where he signed the the motion, citing the defendant’s disciplinary
agreement as the defendant was not the party history. The court granted the motion citing
to the agreement, but a successor in interest. the First Step Act, and noted his health issues
Defendant moved to dismiss on the grounds were extraordinary and compelling reasons
of forum selection, the court denied the mo- for immediate release and that he had served
tion, and the defendant moved for reconsid- more than 56 months of his sentence. The
eration. The court found a “floating forum court noted this was a “close call”, consider-
selection clause to a future unknown and un- ing the defendant’s criminal history and risk
identified assignee” reached beyond previous of recidivism.
courts’ decisions, and denied the motion for
reconsideration.
PERSONAL INJURY • CIVIL PROCEDURE

CRIMINAL LAW Court Finds Plaintiff Failed To Allege

Court Grants Compassionate Release Federal Question Or Diversity
In Light Of COVID-19 To Defendant Jurisdiction In Defamation Complaint
With Asthma
CASE: Steffens v. Kaminsky
COURT: U.S. District Court for Connecticut
DOC. NO.: 3:20-cv-737
CASE: United States v. Holmes COURT OPINION BY: Meyer
COURT: U.S. District Court for Connecticut
DOC. NO.: 3:19-cr-87 DATE: June 02, 2020 • PAGES: 4
Defendant appeared on a YouTube interview
COURT OPINION BY: Bolden program, during which she alleged that her
DATE: June 03, 2020 • PAGES: 9
Defendant pled guilty to a four-count indict- former fiancé once had a psychotic break that
ment, which included use of a firearm, and resulted in domestic violence. Plaintiff alleged
was sentenced to 24 months imprisonment. this video was about himself, even though she
Defendant moved for compassionate release never explicitly said his name during the video,
after 15 months due to his health concerns and that it caused harm to his reputation to the
in light of COVID-19. The government op- tune of $28,000. The court found that the pro se
posed the motion, arguing that his location of plaintiff had not pled facts sufficient to estab-
incarceration had no active COVID-19 cases lish a federal question of defamation, nor di-
amongst inmates and only 6 cases reported versity jurisdiction. The court allowed plaintiff
among staff. The court considered defen- to file a response to the order to show cause, or
dant’s asthma as an extraordinary and com- plaintiff runs the risk of having the complaint
pelling reason to grant compassionate release, dismissed.

CONNECTICUT
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