Post by WaTcHeR on May 16, 2006 9:54:59 GMT -5
05/16/2006 - NORWALK -- A woman who says a police officer sexually assaulted her in 2003 in a police substation is seeking to drop the city from a federal lawsuit she filed against Norwalk and the officer.
The suit does not specify how much money the plaintiff is seeking, but her attorney claimed $750,000 in damages in a 2004 notice of intent to sue the city.
Attorney John Williams of New Haven, whose client is proceeding as "Jane Doe," filed a motion Thursday to drop Norwalk from the suit, leaving Officer James Saraceni as the only defendant. Williams could not be reached Friday regarding the motion, which requires a judge's approval.
Jeffry Spahr, an attorney in the city law department, said he hasn't spoken to Williams about the woman's decision to stop suing Norwalk.
"I'm assuming they did it because they don't have any claim against the city," Spahr said.
A city is generally liable for an employee's negligence on the job, but not for willful, wanton and reckless acts, he said. The woman suing Saraceni said an intentional assault occurred, Spahr said.
"The suit is 100 percent meritless," said Saraceni's attorney, Donald Reid of Norwalk. "There's false claims being made. There's no possibility of the plaintiff winning. The whole case should be withdrawn."
The lawsuit, filed in March 2005 in U.S. District Court in Bridgeport, stems from an October 2003 encounter at the former police substation at the South Norwalk train station.
The plaintiff says Saraceni persuaded her to drink a large amount of alcohol, rendering her helpless, and sexually assaulted her when she could not understand what was happening or resist his advances.
Saraceni was not arrested in the incident, but Chief Harry Rilling demoted him from sergeant to patrolman, ruling that he engaged in conduct unbecoming an officer.
The city was named in the woman's suit because, according to the suit, the city failed to properly train, supervise or discipline Saraceni before the 2003 incident. The city knew or should have known he "had a propensity for abusing his police powers" to violate innocent citizens' rights, the suit states.
Spahr said that, to his knowledge, Saraceni had no previous problems on the job.
If the plaintiff loses the case, the city must pay Reid for defending Saraceni, Spahr said. Saraceni must reimburse the city for Reid's fees if the plaintiff wins, Spahr said.
The suit does not specify how much money the plaintiff is seeking, but her attorney claimed $750,000 in damages in a 2004 notice of intent to sue the city.
Attorney John Williams of New Haven, whose client is proceeding as "Jane Doe," filed a motion Thursday to drop Norwalk from the suit, leaving Officer James Saraceni as the only defendant. Williams could not be reached Friday regarding the motion, which requires a judge's approval.
Jeffry Spahr, an attorney in the city law department, said he hasn't spoken to Williams about the woman's decision to stop suing Norwalk.
"I'm assuming they did it because they don't have any claim against the city," Spahr said.
A city is generally liable for an employee's negligence on the job, but not for willful, wanton and reckless acts, he said. The woman suing Saraceni said an intentional assault occurred, Spahr said.
"The suit is 100 percent meritless," said Saraceni's attorney, Donald Reid of Norwalk. "There's false claims being made. There's no possibility of the plaintiff winning. The whole case should be withdrawn."
The lawsuit, filed in March 2005 in U.S. District Court in Bridgeport, stems from an October 2003 encounter at the former police substation at the South Norwalk train station.
The plaintiff says Saraceni persuaded her to drink a large amount of alcohol, rendering her helpless, and sexually assaulted her when she could not understand what was happening or resist his advances.
Saraceni was not arrested in the incident, but Chief Harry Rilling demoted him from sergeant to patrolman, ruling that he engaged in conduct unbecoming an officer.
The city was named in the woman's suit because, according to the suit, the city failed to properly train, supervise or discipline Saraceni before the 2003 incident. The city knew or should have known he "had a propensity for abusing his police powers" to violate innocent citizens' rights, the suit states.
Spahr said that, to his knowledge, Saraceni had no previous problems on the job.
If the plaintiff loses the case, the city must pay Reid for defending Saraceni, Spahr said. Saraceni must reimburse the city for Reid's fees if the plaintiff wins, Spahr said.