![]() On or about November 9, 1982, Charles Thurman screamed threats at Tracey while *1525 she was sitting in her car. At that point, unnamed defendant police officers of the City of Torrington refused to accept a complaint from Mr. Hilaire went to Torrington police headquarters to make a formal complaint. Hilaire-Bentley residence and using physical force took the plaintiff Charles J. On or about November 5, 1982, Charles Thurman returned to the St. Bentley made a formal complaint of the attack to one of the unnamed defendant police officers and requested efforts to keep the plaintiff's husband, Charles Thurman, off their property. ![]() In October 1982, Charles Thurman attacked plaintiff Tracey Thurman at the home of Judy Bentley and Richard St. Attempts to file complaints by plaintiff Tracey Thurman against her estranged husband in response to his threats of death and maiming were ignored or rejected by the named defendants and the defendant City.Īn abbreviated chronology of the plaintiff's attempted and actual notifications of the threats made against her and her son by her estranged husband to the defendant City and police officers is appropriate for consideration of this motion. Thurman, Jr., made by her estranged husband, Charles Thurman. Accordingly, the material facts of this case are as follows:īetween early October 1982 and June 10, 1983, the plaintiff, Tracey Thurman, a woman living in the City of Torrington, and others on her behalf, notified the defendant City through the defendant police officers of the City of repeated threats upon her life and the life of her child, the plaintiff Charles J. 2A Moore's Federal Practice 2267, ¶ 12.08 n. Furthermore, it is well settled that for purposes of a motion to dismiss, the well pleaded material allegations of the complaint are taken as true. A complaint should not be dismissed unless it appears that the plaintiff could prove no set of facts in support of her claim which would entitle her to relief. Silver Cross Hospital of Joliet, Illinois, 340 F. On a motion to dismiss, the sole issue is whether under the facts alleged in the plaintiff's complaint it appears to a certainty that the plaintiff is entitled to no relief. The defendant City has filed a motion to dismiss the plaintiffs' complaint, or various claims therein, pursuant to Rule 12(b) of the Federal Rules of Civil Procedure. In addition, the plaintiffs seek to hold liable the defendant City of Torrington (hereinafter, the "City"). §§ 1983, 1985, 19, as well as the fifth, ninth, and fourteenth amendments to the Constitution, alleging that their constitutional rights were violated by the nonperformance or malperformance of official duties by the defendant police officers. The plaintiffs have brought this action pursuant to 42 U.S.C. Woodbridge, West Hartford, Conn., Gerald R. ![]() Germain, Bai, Pollock & Dunnigan, Bridgeport, Conn., Timothy F. Noble, Stoner, Gross, Chorches, Lapuk & Kleinman, Hartford, Conn., Arnold J. Mauzaka, Bridgeport, Conn., for plaintiffs. Weinstein, Weinstein, Weiner & Shapiro, Judith A.
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