Appeals Court Dismisses Most, But Reverses Part Of Lower Court Decision On Hedges

The United States Court of Appeals, Second Circuit has upheld most of a lower court’s decision to throw out most of a case brought against the town by former Madison Police Officer Daniel Hedges.

But the appeals court, on Jan. 13, 2012, reversed and remanded the district court’s decision to dismiss Hedges’ state law claims. The appeals court instructed the lower court to "dismiss those claims without prejudice for reassertion in state court."

“In addition to his federal law claims, Hedges made a multitude of state law claims, sounding in Connecticut common law, the Connecticut Fair Employment Practices Act ("CFEPA") and due process under the state constitution. The district court exercised its supplemental jurisdiction to dismiss those claims,” says the appeals court's January 2012 decision. “Given the early stage of these proceedings and our deference to state courts … we reverse the district court's dismissal of those state law claims. We remand with instructions to the district court to dismiss those claims without prejudice for reassertion in state court.”

On several other counts relating to federal law, the appeals court ruled that the dismissals by the lower court were proper and that Hedges’ arguments in favor of an appeal were without merit. Information about the the earlier dismissal of the case in district court, along with the incidents and allegations that led to Hedges' depature from the police force are available in this article from The New Haven Register.

The story in the New Haven Register says "Hedges, 48, was fired in May 2008 after the Board of Police Commissioners upheld 21 administrative charges relating to “civility, respect and truthfulness” against him. He allegedly threatened the lives of superior officers and had tumultuous interactions with civilians before taking a six-month unauthorized leave from the department. In his suit, Hedges asked for lost pay and wages, past and future medical and psychological treatment, lost pension and $5 million in punitive damages."

Hedges’ case against the town is one of several that was scheduled for review Thursday at 6 p.m. by members of the Police Commission and the Board of Selectmen at an executive session at the Madison Police Department. At that meeting six cases are on the agenda. Agenda items for Thursday's meeting included:

• Ricciuiti vs. Town of Madison
• Durgin vs. Town of Madison
• Hedges vs. Town of Madison
• Coulter vs. Town of Madison
• John Doe (minor) vs. Town of Madison
• Constantino vs. Town of Madison

Riciutti, Durgin, and Hedges are all former police officers. More information about .

The John Doe case relates to a case where a minor alleged that the police department "unlawfully published and disseminated information with respect to the plaintiff's arrest record as a minor." The case relates to an arrest made in September 2008 of a student at the Grove School in Madison. More information is available on the FindACase website and on The New Haven Register. 

Town officials declined comment on the Coulter and Constantino cases, citing pending litigation.