Lucarelli v. Commission on Human Rights & Opportunities
Lucarelli v. Commission on Human Rights & Opportunities
Opinion of the Court
Opinion
The plaintiff, Lamberto Lucarelli, appeals from the trial court’s judgment dismissing the plaintiffs appeal from the decisions of the defendant commission on human rights and opportunities (commission), which dismissed two separate discrimination complaints filed by the plaintiff against the defendants, the town of Old Saybrook (town) and the division of criminal justice (state). On appeal, the plaintiff claims that the commission improperly dismissed his complaints against (1) the town because he did not file his complaint in a timely manner under General Statutes § 46a-82 (f) and (2) the state because he failed to state a claim upon which relief may be granted. We affirm the judgment of the trial court.
The following undisputed facts are relevant to our consideration of the plaintiffs claims. The plaintiff, who
The following procedural background is also relevant. On December 9, 2008, the plaintiff filed two separate complaints with the commission alleging discrimination by the town and the state.
We turn next to our standard of review of the plaintiffs claims. “Judicial review of an administrative agency decision requires a court to determine whether there is substantial evidence in the administrative record to support the agency’s findings of basic fact and whether the conclusions drawn from those facts are reasonable. . . . [A]s to questions of law, [t]he court’s ultimate duty is only to decide whether, in light of the evidence, the [agency] has acted unreasonably, arbitrarily, illegally, or in abuse of its discretion. . . . Conclusions of law reached by the administrative agency must stand if the court determines that they resulted from a correct application of the law to the facts found and could reasonably and logically follow from such facts.” (Citation omitted; internal quotation marks omitted.) Blinkoff v. Commission on Human Rights & Opportunities, 129 Conn. App. 714, 720-21, 20 A.3d 1272, cert. denied, 302 Conn. 922, 28 A.3d 341 (2011).
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The plaintiff first claims that the commission improperly dismissed his complaint against the town as untimely. We are not persuaded.
Pursuant to § 46a-82 (f), complaints filed with the commission must be “filed within one hundred and eighty days after the alleged act of discrimination . . . .’’In Williams v. Commission on Human Rights & Opportunities, 257 Conn. 258, 777 A.2d 645 (2001), our Supreme Court held that the time requirement under
The last instance of discrimination alleged by the plaintiff in his complaint with the commission occurred on March 6, 2008, which is the date, according to the plaintiff, that he last observed the toilet seat extender at the transfer station.
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The plaintiff next claims that the commission erred in dismissing the plaintiffs complaint against the state for failure to state a claim upon which relief may be granted. The commission determined that the plaintiffs complaint did not allege any discrimination on the part
On the basis of our review of the record, there is nothing that suggests that a failure to prosecute on the part of the state’s attorney was based on discrimination. Also, we agree with the trial court that it is not clear that any crime has occurred for the state to prosecute. Therefore, we conclude that there was substantial evidence in the record for the commission to determine that the plaintiffs claim against the state failed to state a claim upon which relief may be granted.
The judgment is affirmed.
On October 29, 2008, the plaintiff alleged to the commission that he had been the victim of discrimination, but his submission did not satisfy the requirements to constitute a complaint under the statutory or regulatory requirements. The commission assisted the plaintiff in satisfying the complaint requirements.
The plaintiff argues that his filing was timely because the “discriminatory act” occurred when he received notice from the town that it would not further investigate his allegations, on October 2, 2008. The town’s failure to further investigate the plaintiffs allegations, absent other allegations, does not constitute a discriminatory act. See West Hartford v. Commission on Human Rights & Opportunities, 176 Conn. 291, 297, 407 A.2d 964 (1978) (“it is the charges contained in the complaints . . . [that] frame the issues to be decided” [internal quotation marks omitted]).
The plaintiff approached the commission to file a complaint of discrimination on October 29, 2008, but because his complaint was deficient, his complaint was not perfected until December 9, 2008. Even if we considered October 29, 2008, to be the date of the plaintiffs filing, that was 237 days after the last act of alleged discrimination, and, therefore, his filing still was untimely.
We also conclude that there is no argument to apply the doctrines of consent, waiver or equitable tolling here. See Williams v. Commission on Human Rights & Opportunities, 67 Conn. App. 316, 327, 786 A.2d 1283 (2001).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.