DocketNumber: No. 440118
Citation Numbers: 2002 Conn. Super. Ct. 15832
Judges: BLUE, JUDGE.
Filed Date: 12/10/2002
Status: Non-Precedential
Modified Date: 4/18/2021
The evidence submitted to the court shows that on Thursday, March 30, 2000, an assistant principal, Louis Preziosi, confiscated a box knife from Tatiana. Preziosi's attempts to reach Tatiana's father, Caleb Roach, Jr. ("Caleb"), were not immediately successful, but Caleb came to the school on the next day, Friday, March 31, and Preziosi told him that Tatiana was suspended for two days pending further action by the Principal, Patricia Brozek, who was at a conference that day. The undisputed evidence establishes that Tatiana went to school on March 31 and was allowed to attend classes as a regular student on that day. On Monday, April 3, Brozek suspended Tatiana for ten days beginning on that date.
Caleb commenced this action against the North Haven Board of Education by service of process on July 17, 2000. His complaint, dated February 20, 2001, consists of two counts. Count One is entitled "Appeal of Expulsion, C.G.S. Section
The motion for summary judgment now before the court was filed on July 8, 2002. The motion was heard on December 9, 2002.
Caleb "reluctantly concedes" that the motion must be granted as to Count One. Apart from the fact that Count One cites a clearly inapplicable statute — Conn. Gen. Stat. §
In support of Count Two, alleging "selective prosecution," Caleb relies on evidence that another pupil, David Perune, who we are told is neither Caucasian nor African-American, was in possession of a razor blade on school grounds and was given only a five-day suspension. Caleb contends that this evidence is sufficient to show selective prosecution of Tatiana, who is African-American. The plaintiff in a selective prosecution case must "submit relevant evidence that similarly situated persons were treated differently." United States v. Bass,
Caleb's final argument, not clearly reflected in either count of his complaint, is that Tatiana was suspended for more than ten consecutive school days in violation of Conn. Gen. Stat. §
The motion for summary judgment is granted.
___________________ Jon C. Blue Judge of the Superior Court
CT Page 15834