Page 32 - CLT090720

32 ¦ SEPTEMBER 7, 2020 CONNECTICUT OPINIONS

Plaintiffs sued defendant, claiming that defen- CRIMINAL LAW
dant owed them over $407,000 for labor per-
formed on a building project. Plaintiffs moved
for summary judgment and defendant did not Court Upheld Defendant’s Firearm
respond, but had asserted seventeen affirmative Convictions, Finding There Was
defenses in its answer. The court denied the Sufficient Evidence
motion. The court held that there was a genu-
ine issue of material fact as to whether plain- CASE: United States v. Lewis
tiffs were proper claimants to bring a claim COURT: U.S. District Court for Connecticut
under the Payment Bond. It reasoned that the DOC. NO.: 3:18-cr-0220
plaintiffs included a blank copy of the letter of COURT OPINION BY: Hall
assent, but did not provide a letter of assent DATE: August 25, 2020 • PAGES: 15
signed by defendant’s undersigned. Therefore,
plaintiffs have not established the existence of In March 2020, after a bifurcated trial, a
a direct written contract during the time of the jury convicted defendant of possession of a
project in order to allow plaintiffs to bring a firearm in furtherance of a drug trafficking
claim on the bond. The court denied the mo- crime and unlawful possession of a firearm
tion without prejudice, stating that if plaintiffs by a felon. Defendant filed a motion for ac-
can provide sufficient documentary evidence quittal or a new trial and the court denied his
of the existence of a direct written contract for motion. The court first addressed Count One,
the labor performed on the building reject, they finding that there was sufficient evidence to
can renew their motion. The court also held support the conviction. It reasoned that the
that defendant’s affirmative defenses fail as a firearms were found hidden in a laundry bas-
matter of law. ket, trash bag, and sock, that the backyard
was protected by cameras operated by defen-
dant’s family member, defendant’s DNA was
on the sock and the firearm, and the logo on
CRIMINAL APPEALS the bags in the laundry basket was identical

Court Granted Defendant’s Motion to the logo on similar bags found in defen-
dant’s apartment. Furthermore, the govern-
for Sentence Reduction in Light of the ment played a jail call where defendant dis-
COVID-19 Pandemic cussed the laundry basket. In terms of the
“furtherance of a drug trafficking crime”
element, the court pointed to the fact that
CASE: United States v. Dickerson the gun was found in close proximity to drug
COURT: U.S. District Court for Connecticut
DOC. NO.: 3:10-cr-227 trafficking paraphernalia, including a digital
COURT OPINION BY: Meyer scale, and he pled guilty to a state drug traf-
DATE: August 21, 2020 • PAGES: 7
ficking offense that stemmed from the same
Defendant is serving a term of 12 months for search of his residence. Therefore, the court
violating his conditions of federal supervised denied defendant’s motion for a new trial or
released. In light of the COVID-19 pandemic, acquittal.
he moved for a reduction of his remaining term
for a sentence of time served. The court grant-
ed his motion, with the condition that he be EMPLOYMENT LITIGATION

subject to home detention until January 2021. Court Denied Defendant’s Motion
The court first found that defendant exhausted
his administrative remedies as required by stat- for Summary Judgment in ADA
ute. It then analyzed whether defendant has Lawsuit
shown that there are extraordinary and compel-
ling reasons warranting a sentence reduction. CASE: Bowling v. Stamford Anesthesiology Serv.
It found that defendant’s underlying health COURT: U.S. District Court for Connecticut
risks, which include obesity, put him at severe DOC. NO.: 3:17-cv-642
risk for contracting the disease. Furthermore, COURT OPINION BY: Thompson
defendant’s accomplishments and signs of re- DATE: August 24, 2020 • PAGES: 11
habilitation were also persuasive to the court. Plaintiff sued defendant for disability discrim-
Therefore, the court granted his motion for a ination in violation of the Americans with
sentence reduction. Disabilities Act and the related state statute.

CONNECTICUT
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