Motion for Summary Judgment with Certification

    CV 89-0360977S 

MILO SHEFF, et al SUPERIOR COURT 

J.D. HARTFORD/ 
Plaintiffs NEW BRITAIN AT HARTFORD 

Vv. 

WILLIAM A. O'NEILL, et al 

Defendants July 8, 1981 

MOTION FOR SUMMARY JUDGMENT 
  

Pursuant to P.B. § 378 et. seq. the defendants move for 

summary judgment in the above captioned case. The defendants 

maintain that there is no dispute as to the material facts upon 

which this motion is predicated and that judgment should be 

entered as a matter of law in favor of the defendants and against 

the plaintiffs because the state has not engaged in conduct which 

violates the state constitution and because there is no judicial 

remedy available to the plaintiffs. More specifically: 

1. The plaintiffs rights under the constitution have not 

been violated in that the conditions about which the plaintiffs 

complain are not the products of state action. 

  

ORAL ARGUMENT REQUESTED (P.B. § 380); 
NO TESTIMONY REQUIRED 

  

 



  

    

  

  

2. The plaintiffs rights under the constitution have not been 

violated in that the state has satisfied any affirmative 

obligation which arises out of the constitution. 

3. The question of how best to address the conditions about 

which the plaintiffs complain is not justiciable. 

WHEREFORE, the defendants seeks judgment in their favor and 

against the plaintiffs. 

FOR THE DEFENDANTS 

RICHARD BLUMENTHAL 
ATTORNEY GENERAL 

Bernard F. MCGovern, 
Assisgtan ya BY 2% a 

By: \ 7 

   

  

  

7 

Joh" R. Whelan 
Assistant Attorney General 
110 Sherman Street 
Hartford, Connecticut 06105 
Te ephone: 566-3606 

[1% 7 Gud i) / li { Hs rs A 
  

yeast W. Whitney 
Assistant Attorney Genera 
110 Sherman Street Sot 
Hartford, Connecticut 06105 
Telephone: 566-7173 

  

 



  

ORDER 

The foregoing motion for summary judgment is hereby: 

GRANTED/DENIED 

BY THE COURT 

  

| ASSISTANT CLERK     | CERTIFICATION 
  

This is to certify that a copy of the foregoing was mailed, 

postage prepaid on aiyf, 1991 to the following counsel or 

record: 

John Brittain 

University of Connecticut 
School of Law 

© 65 Elizabeth Street 
| Hartford, CT 06105 

11 Wilfred Rodriguez 
\ Hispanic Advocacy Project 

Neighborhood Legal Services 
1 1229 Albany Avenue 

Hartford, CT 06112 

Philip Tegeler 
Martha Stone 

Connecticut Civil Liberties Union 

32 Grand Street 
Hartford, CT 06106 

    
    

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Wesley W. Horton 
Mollier, Horton & Fineberg, P.C. 
90 Gillett Street 
Hartford, CT 06105 

Jenny Rivera, Esq. 
Ruben Franco, Esq. 

. Puerto Rican Legal Defense Fund, Inc. 

99 Hudson Street 
14th Floor 
New York, NY 10013 

    Julius L. Chambers 
Marianne Lado, Esq. 
Ronald Ellis, Esq. 

| NAACP Legal Defense Fund and 
|! Educational Fund, Inc. 
! 99 Hudson Street 

New York, NY 10013 

i; John A. Powell 
|! Helen Hershkoff 
| American Civil Liberties Union 
1 132 West 43rd Street 
! New York, NY 10036 ZY 

b ~S ; £4 
£7 

// £0 
Pn 7 rd 

~ Vd v ov ot 

    
  

/ J¢hn R. Whelan 
i ; Assistant Attorney General 

/