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Valerie Miles v. City of Hartford

October 25, 2011

VALERIE MILES, PETITIONER-APPELLANT,
v.
CITY OF HARTFORD, CHERYL GOGINS, ROBERT RUSSELL, JAMES BERNIER, RESPONDENTS-APPELLEES.



Appeal from the United States District Court for the District of Connecticut (Kravitz, Judge).

10-3375-cv

Miles v. City of Hartford

SUMMARY ORDER

Rulings by summary order do not have precedential effect. Citation to a summary order filed on or after January 1, 2007, is permitted and is governed by Federal Rule of Appellate Procedure 32.1 and this court's Local Rule 32.1.1. When citing a summary order in a document filed with this court, a party must cite either the Federal Appendix or an electronic database (with the notation "summary order"). A party citing a summary order must serve a copy of it on any party not represented by counsel.

At a stated term of the United States Court of Appeals for the Second Circuit, held at the Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, in the City of New York, on the 25th day of October, two thousand eleven.

PRESENT: JOHN M. WALKER, JR., JOSEPH M. McLAUGHLIN, DEBRA ANN LIVINGSTON, Circuit Judges.

UPON DUE CONSIDERATION, it is hereby ORDERED, ADJUDGED, AND DECREED that the judgment entered on July 23, 2010 is AFFIRMED.

Petitioner Valerie Miles appeals from the grant of partial summary judgment pursuant to Fed. R. Civ. P. 56. Miles contends principally that the District Court erred in its application of Connecticut law to her claims.

I. BACKGROUND

Miles was employed by the Connecticut Department of Children and Families ("DCF"). On May 27, 2005, she went to a residence in Hartford to remove four children. While Miles was present, Defendants Cheryl Gogins and Robert Russell, both police officers with the Hartford police department, took the children's mother and uncle into custody. Miles contends that she observed the police discover three small plastic bags, one of which contained a white substance. The defendants deny that such bags were found.

After the arrest of the mother and uncle, Miles prepared affidavits for DCF's use asserting that the officers had found the three bags. In early June 2005, Defendant Lieutenant Bernier, Officer Gogins's supervisor, initiated an investigation as a result of the discrepancy in the reports of Miles and the officers. Miles was arrested on July 28, 2005, on charges of fabricating evidence and witness tampering, the latter in connection with a visit by Miles to the home of the children's aunt who was present at the residence when the children were removed.

Miles appeared before Judge Wendy Susco in her criminal case in January 2006, and her application for accelerated rehabilitation ("AR") pursuant to Conn. Gen. Stat. § 54-56e was granted.*fn1 The Connecticut court granted Miles's application for AR over the prosecution's objection and ordered Miles to perform fifty hours of community service over a period of one year of probation.

Miles subsequently commenced the instant litigation against the City of Hartford and the officers allegedly involved in the series of events culminating in her arrest and prosecution.*fn2 She charged that Bernier submitted "false and misleading statements," Amended Complaint ΒΆ 14, prepared by the defendants, which resulted in the issuance of the warrant for her arrest. The District Court granted summary judgment on the six claims she presses on appeal, as well as her claim for false light (which Miles does not appeal). Miles's claim for intentional infliction of emotional distress survived summary judgment and proceeded to trial, where the jury returned a verdict for the defendants. We presume the ...


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