Ventura v. Town of E. Haven
Ventura v. Town of E. Haven
Opinion
The plaintiff, Thomas Ventura, commenced this action against the named defendant, the town of East Haven, seeking damages for injuries he sustained when he was struck by an unregistered vehicle
driven by a third party, Vladimir Trnka. The plaintiff maintained that the defendant is liable for those damages because
he would not have incurred them if Jeffrey R. Strand, an East Haven police officer who had been dispatched to respond to an incident involving Trnka shortly before he was struck, had directed that Trnka's vehicle be towed in accordance with certain police department tow rules.
1
According to the plaintiff, those rules require the towing of unregistered vehicles like Trnka's. Following a trial, the jury rejected the defendant's claim of governmental immunity,
2
finding that Strand had a ministerial duty under those tow rules to have had Trnka's vehicle towed, and awarded the plaintiff $12,200,000 in damages. The trial court thereafter granted in part the defendant's motion for remittitur and reduced the verdict to $6,200,000. The defendant appealed to the Appellate Court, which reversed the judgment of the trial court on the ground that the defendant was immune from suit because its tow rules did not impose on Strand a clear ministerial duty to tow Trnka's vehicle. See
Ventura
v.
East Haven
,
"While approaching the driver, Strand radioed in the license plate number, which dispatch confirmed as 'an '89 FORD cutaway cargo van, white ... out of Townsend Ave. Val Trnka, '07 expiration.' Despite believing that the 'white work van' that dispatch described was the vehicle in front of him, Strand was mistaken in that it was actually a 1997 white [Chevrolet] box truck. He did not ask for registration or proof of insurance, and did not check the emblems on the vehicle to ensure that it was the make and model dispatch had described. Strand then instructed Trnka, the driver, to pull into a parking spot so he could continue his investigation. Victoria Conte, another police officer, arrived on the scene and helped Strand separate and interview Trnka and his girlfriend, Kristen D'Aniello, who was a passenger in the truck. After determining that there was no probable cause for arrest because there was no physical violence between Trnka and D'Aniello during the period of time they were in the drive-through, Strand and Conte further concluded that there was no need to administer a field sobriety test to Trnka. 3 Strand asked Trnka and D'Aniello for their driver's licenses, but neither could produce one. He subsequently called dispatch to run their names through the Department of Motor Vehicles (DMV) database to check for valid driver's licenses and [the] National Crime Information Center database to check for any outstanding warrants. The dispatcher ... was able to confirm [only] that there were no outstanding warrants for either individual, because the DMV database was malfunctioning. Because Strand could not confirm that Trnka had a valid driver's license, he decided to drive Trnka home and directed Trnka to leave his truck parked in the McDonald's parking lot and keep his keys. Conte drove D'Aniello to her residence.
"Fifty-six minutes later, Trnka retrieved his truck from the McDonald's parking lot and drove it to the intersection of Townsend Avenue and Park Lane in New Haven, less than one mile from Trnka's residence. The plaintiff, an eighteen year old high school student at that time, was entering his vehicle, which was parked on the side of the road. Trnka hit the plaintiff with his vehicle, causing him to suffer severe injuries ...." (Footnotes added and omitted.)
Ventura
v.
East Haven
, supra,
"Trnka was [later arrested and] charged with evasion of responsibility in violation of General Statutes § 14-224 and failure to drive in the proper lane in violation of General Statutes § 14-236.... [A]s part of the motor vehicle investigation, [it was also] determined that the license plate affixed to the truck did not match the description of the vehicle to which that plate had been assigned and that Trnka was driving without valid insurance or registration, determinations that were not made by Strand at the time he investigated the report of the domestic violence incident. Trnka was, therefore, further charged with misuse of plates in violation of General Statutes § 14-147, operating an unregistered motor vehicle in violation of General Statutes § 14-12a, and operating a motor vehicle without insurance in violation of General Statutes § 14-213b....
"The plaintiff subsequently sought to recover damages for his injuries and commenced the present action against Strand 4 and the defendant, alleging that Strand negligently violated a ministerial duty imposed on him by the East Haven Police Department Tow Board Rules & Regulations 5 (tow rules) by failing to have Trnka's truck towed from the McDonald's parking lot. The plaintiff's operative complaint alleged that Strand 'failed to have Trnka's [truck] towed and impounded as required in every case involving misuse of plates, lack of insurance or registration by rules promulgated by and for the East Haven police,' and 'failed to secure Trnka's [truck] so that he could not return and operate it unlawfully in violation of due care and police procedures.' In particular, he alleged that paragraph 7 of the tow rules required that '[a]ll motor vehicle violations are to be towed to include unregistered and misuse of plates. Operators of these vehicles are not allowed to park [the] vehicle or leave [it] in private parking areas.' The complaint further alleged that the defendant was directly liable for Strand's negligence under General Statutes § 52-557n (a) (1) (A). 6 In its answer, the defendant raised several special defenses, including that of governmental immunity.
"During the trial, the plaintiff introduced into evidence a copy of the tow rules. This document, effective September 1, 1998, was prefaced by a memorandum issue by then Chief of Police Leonard I. Gallo stating that '[a]ll establishments who tow for the East Haven Police Department [department] must adhere to these Rules & Regulations.' The first paragraph of the tow rules provides that 'any company or person with towing equipment and having their business within the [t]own of East Haven may make application to the [department] to be on the [department] rotating tow list provided they conform to the following rules and regulations.'
"The defendant moved for a directed verdict after the close of the plaintiff's case-in-chief. The court reserved decision on the motion for directed verdict, as permitted under Practice Book § 16-37, and allowed the defense to proceed. In his closing argument, the [plaintiff's counsel] argued to the jury that the tow rules applied in equal force to police officers and to businesses conducting towing operations at the direction of the police. [Counsel] further argued that Strand was negligent in not towing and impounding, or otherwise securing, Trnka's truck on the basis of the motor vehicle violations that he knew existed at the time of his investigation of the possible domestic violence incident in the McDonald's parking lot, and, because of that knowledge, he did not have the discretion to decline to tow the truck. The defendant argued that Strand did not know of the motor vehicle violations existing at the time of the stop and that, even if he was aware of such violations, the decision to tow was discretionary, and, thus, the defendant was protected by governmental immunity.
"Regarding the defendant's special defense of governmental immunity, the court instructed the jury that '[i]n this case, the parties agree and the court instructs you that ... Strand was a municipal employee engaged in a governmental function at the time of the plaintiff's alleged injuries. The parties disagree, however, as to whether ... Strand was free to exercise discretion when acting or failing to act as he did.
" 'The question for you ... [to decide] is whether ... Strand was performing a discretionary or ministerial act when the plaintiff was allegedly injured by his conduct. As I stated earlier, the burden is on the defendant, who desires the benefit of governmental immunity, to persuade you by a ... fair preponderance of the evidence, that ... Strand's actions or inactions were the result of the exercise of discretion rather than the failure to comport with a mandatory course of conduct.
" 'If you find that the defendant has failed to meet the burden of establishing this special defense, then no immunity would protect the defendant from liability if you determine that ... Strand was negligent, and that negligence proximately caused the injuries claimed by the plaintiff, you would therefore find in favor of the plaintiff. If, however, you find that the defendant has satisfied this burden, you would then render a verdict for the defendant.'
"The jury returned a verdict for the plaintiff and found damages in the amount of $12,200,000, finding, by way of its response to a jury interrogatory, that Strand negligently violated a ministerial duty to tow Trnka's truck. 7 Following trial, on January 3, 2014, the defendant filed a renewed motion for a directed verdict and a motion to set aside the verdict. It also filed a motion seeking a remittitur in the amount of $11,000,000 and a collateral source reduction. In a memorandum of decision dated July 10, 2014, the court denied the defendant's renewed motion for a directed verdict and its motion to set aside the verdict, but granted the motion for remittitur in the amount of $6,000,000, thereby reducing the verdict to $6,200,000.
"In denying the defendant's motions to direct or set aside the verdict, the court found, on the issue of governmental
immunity, that '[t]here was sufficient evidence adduced during the plaintiff's case-in-chief on the issue of whether Strand's actions were ministerial or discretionary.... The plain language of [paragraph 7 of the tow rules] falls within the definition of ministerial. There is no exercise of judgment in the language of the regulation.' Later, while rendering judgment for the plaintiff on March 13, 2015, the court granted the defendant's request for a collateral source reduction, and reduced the judgment to $5,977,553.39 before interest." (Footnotes added and omitted.)
The defendant appealed to the Appellate Court, claiming, inter alia, that the trial court improperly had denied its motion for a directed verdict on the basis of governmental immunity.
Applying these principles to the present facts, the Appellate Court concluded that the tow rules, by their express and unambiguous terms, did not purport to impose on East Haven police officers a ministerial duty to tow the vehicles of all drivers who have violated the state's motor vehicle laws; they were promulgated, rather, solely for the purpose of clarifying the responsibilities of towing companies wishing to do business with the department.
In reaching its conclusion, the Appellate Court rejected the plaintiff's contention that paragraph 7 of the tow rules, which provides that "[a]ll motor vehicle violations are to be towed to include unregistered and misuse of plates" and that "[o]perators of these vehicles are not allowed to park vehicle or leave in private parking areas," imposed a clear ministerial duty on Strand to tow Trnka's vehicle.
The Appellate Court further observed that the plaintiff's interpretation of paragraph 7 of the tow rules was not only incompatible with the unfettered officer
discretion in regard to towing described in paragraph 6, but would lead to a bizarre and unworkable result, namely, that East Haven police officers would be required "to tow a motor vehicle in every situation in which an officer determined that a violation of the motor vehicle laws had occurred," including "every time a driver is stopped for rolling through a stop sign or for failing to obey a yield sign." (Footnote omitted.)
Finally, the Appellate Court addressed the plaintiff's claim that the jury reasonably could have relied on the
testimony of two East Haven officers, Sergeant Paul Liquori, who drafted the tow rules, and Lieutenant David Emerman, the officer designated by the defendant as the person most knowledgeable about the department's rules and procedures, to find that the tow rules imposed a ministerial duty on police officers to tow particular vehicles.
On appeal to this court, following our grant of certification, the plaintiff claims that, notwithstanding the contrary determination of the Appellate Court, the issue of whether the tow rules imposed on Strand a ministerial duty to tow Trnka's vehicle was a question of fact for the jury, not one of law for the court. The plaintiff further contends that the Appellate Court incorrectly construed the tow rules in concluding that Strand had no ministerial duty under those rules to tow Trnka's vehicle. Finally, the plaintiff argues that the Appellate Court incorrectly determined that the jury reasonably could not have relied on Emerman's testimony in finding that department policy required Strand to tow Trnka's vehicle. We disagree with each of these contentions.
We begin our review of the plaintiff's claims by setting forth the principles that guide our analysis, considering first the law governing motions for a directed verdict.
"The standards for appellate review of a directed verdict are [clear]. Directed verdicts are not favored.... A trial court should direct a verdict only when a jury could not reasonably and legally have reached any other conclusion.... In reviewing the trial court's decision to direct a verdict in favor of a defendant we must consider the evidence in the light most favorable to the plaintiff.... Although it is the jury's right to draw logical deductions and make reasonable inferences from the facts proven ... it may not resort to mere conjecture and speculation.... A directed verdict is justified if ... the evidence is so weak that it would be proper for the court to set aside a verdict rendered for the other party." (Internal quotation marks omitted.)
Coughlin
v.
Anderson
,
Ruff
v.
Yale-New Haven Hospital, Inc.
,
The law pertaining to municipal immunity is similarly well settled. "[ Section] 52-557n abandons the common-law principle of municipal sovereign immunity and establishes the circumstances in which a municipality may be liable for damages.... One such circumstance is a negligent act or omission of a municipal officer acting within the scope of his or her employment or official duties.... [Section] 52-557n (a) (2) (B), however, explicitly shields a municipality from liability for damages to person or property caused by the negligent acts or omissions [that] require the exercise of judgment or discretion as an official function of the authority expressly or impliedly granted by law."
9
(Footnote
omitted; internal quotation marks omitted.)
Brooks
v.
Powers
,
"Municipal officials are immune from liability for negligence arising out of their discretionary acts in part because of the danger that a more expansive exposure to liability would cramp the exercise of official discretion beyond the limits desirable in our society.... [D]iscretionary act immunity reflects a value judgment that-despite injury to a member of the public-the broader interest in having government officials and employees free to exercise judgment and discretion in their official functions, unhampered by fear of second-guessing and retaliatory lawsuits, outweighs the benefits to be had from imposing liability for that injury." (Citation omitted; footnote omitted; internal quotation marks omitted.)
Coley
v.
Hartford
,
"[I]t is firmly established that the operation of a police department is a governmental function, and that acts or omissions in connection therewith ordinarily do not give rise to liability on the part of the municipality." (Internal quotation marks omitted.)
Gordon
v.
Bridgeport Housing Authority
,
We begin with the plaintiff's assertion that the Appellate Court incorrectly determined that the issue of whether the tow rules imposed on Strand a ministerial duty to tow Trnka's vehicle was a question of law for the court rather than one of fact for the jury. The plaintiff maintains that, if allowed to stand, the Appellate Court decision "would turn a traditional factual determination into a legal determination in every instance." In support
of this contention, the plaintiff cites the following language that has appeared in several of this court's governmental immunity cases: "Although the determination of whether official acts or omissions are ministerial or discretionary is normally a question of fact for the fact finder ... there are cases [in which] it is apparent from the complaint ... [that the determination of whether an act or omission is discretionary in nature] and, thus, whether governmental immunity may be
successfully invoked pursuant to ... § 52-557n (a) (2) (B), turns on the character of the act or omission complained of in the complaint.... Accordingly, [when] it is apparent from the complaint that the defendants' allegedly negligent acts or omissions necessarily involved the exercise of judgment, and thus ... necessarily were discretionary in nature, summary judgment is proper." (Internal quotation marks omitted.)
Coley
v.
Hartford
, supra,
The defendant responds that whether a municipal rule or regulation imposes a ministerial duty on a municipal official is a question of law for the court. Likewise, the defendant maintains, whether an act or omission is ministerial or discretionary is also a question of law for resolution by the court. The defendant further asserts that, to the extent that the language relied on by the plaintiff suggests otherwise, we should acknowledge that it is an incorrect statement of the law. We agree with each of the defendant's contentions.
As we discussed previously, this court, on numerous occasions, has stated unequivocally that the determination of whether a governmental or ministerial duty exists gives rise to a question of law for resolution by the court. See, e.g.,
Strycharz
v.
Cady , supra,
In
Gordon
, the plaintiff, Virginia N. Gordon, argued, inter alia, "that there is a threshold inquiry in the area of municipal liability-deciding if the official acts or omissions are ministerial or discretionary-and because that is a question for the trier of fact, it is inappropriate to decide the issue on a motion to strike." Id., at 165,
We therefore made it perfectly clear in
Gordon
that the issue of whether a
statute, regulation or other provision of law creates a ministerial duty ordinarily presents a question of law to be decided by the court.
11
Insofar
as our language in
Lombard
and in several subsequent cases indicates otherwise, we expressly disavow that language.
12
Thus, as the Appellate Court concluded, whether the tow rules at issue required that Strand have Trnka's truck towed, thereby creating a ministerial duty on Stand's part, is a question of law for the court, subject to plenary review on appeal.
Ventura
v.
East Haven
, supra,
Having considered the parties' arguments, we agree fully with the Appellate Court's thorough and persuasive analysis; see
Furthermore, although we believe that the tow rules are unambiguous as applied to the present facts, thereby rendering extratextual evidence unnecessary, even if they were not so clear, the Appellate Court's interpretation of those rules is supported by the testimony of every witness with knowledge of the rules, including the testimony of the plaintiff's expert, Fearon, who "conceded during cross-examination ... that the tow rules were 'directed toward towing companies' and 'not police officers,' and that '[o]ne reason for [these] rule[s] might be that ... the chief of police doesn't want any dispute out on the road between the tow truck companies and the police officers.' "
Ventura
v.
East Haven
, supra,
Finally, the plaintiff argues that the jury reasonably could have found, solely on the basis of Emerman's testimony, that Strand had a ministerial duty to tow Trnka's vehicle, independent of any duty allegedly imposed on him by the tow rules. As the Appellate Court explained, however, Emerman testified unequivocally that there was no rule , written or unwritten, dictating the manner in which an East Haven police officer must handle an unregistered vehicle or one with misused plates. Emerman also testified that an officer's decision to tow a vehicle is always within the officer's discretion. Indeed, the plaintiff's own expert testified that he was aware of no Connecticut law requiring an officer to tow an unregistered vehicle or a vehicle determined to have misused plates. 14
The plaintiff contends, nonetheless, that the jury reasonably could have rejected Emerman's testimony regarding the discretionary nature of the decision to tow as "self-serving" and concluded that a ministerial duty existed on the basis of Emerman's testimony that unregistered vehicles are routinely towed in East Haven, that, based on his training and experience, he did not let anybody drive off in an unregistered vehicle following a traffic stop, and that the " 'general rule' " among police officers is " 'to tow and impound' " such vehicles, albeit with certain exceptions. There are, no doubt, any number of guidelines and practices that police officers adhere to when responding to the myriad situations they confront on a daily basis. The mere
fact that an officer, either by training or experience, ordinarily responds to a situation in a particular manner does not transform his or her response into a ministerial duty. If it did, governmental immunity would virtually cease to exist.
15
Thus, although Emerman's testimony was certainly evidence of the manner in which he and other East Haven police officers exercise their discretion with respect to unregistered vehicles,
it fell far short of establishing the existence of a ministerial rule dictating the manner in which such vehicles are to be handled in every instance. See, e.g.,
Strycharz
v.
Cady , supra,
For all the foregoing reasons, the plaintiff cannot prevail on his claim that the Appellate Court incorrectly concluded that the defendant was immune from suit because Strand had no ministerial duty to tow Trnka's vehicle from the McDonald's parking lot. Accordingly, the Appellate Court properly reversed the judgment of the trial court and directed that court, on remand, to render judgment for the defendant.
The judgment of the Appellate Court is affirmed.
In this opinion the other justices concurred.
Strand originally was named as a defendant in this case, but the plaintiff withdrew his claims against Strand prior to trial. All references to the defendant are to the town of East Haven.
As we discuss more fully hereinafter, governmental immunity shields municipalities and their employees from liability for negligence in circumstances in which the negligent acts or omissions are discretionary rather than ministerial in nature. See, e.g.,
Haynes
v.
Middletown
,
In his incident report, Strand did state that Trnka was "highly agitated" and "emotional" following what was described as a "verbal argument" between "two people sitting inside a vehicle ...."
See footnote 1 of this opinion.
The East Haven Police Department Tow Board Rules & Regulations provide in relevant part: "[A]ny company or person with towing equipment and having their business within the [t]own of East Haven may make application to the East Haven Police Department to be on the East Haven Police Department rotating tow list provided they conform to the following rules and regulations.
"1. That all towing companies shall provide [twenty-four] hour a day and [seven] day a week towing service to the East Haven Police Department.
"2. That all towing companies shall provide the East Haven Police Department with both day and night telephone numbers.
"3. That all tow companies give priority to calls received from the East Haven Police Department and respond to the scene within [twenty] minutes.
"4. That all tow companies will tow police vehicles on a rotation basis with no charge to the [t]own of East Haven....
"5. If a tow company fails to answer [a] request, does not show or is unavailable, credit that company with the tow and proceed to the next available tow company.
"6. Officer discretion will prevail regarding vehicles that are to be towed. If vehicle is not a hazard or obstructing traffic the officer may contact [the American Automobile Association], etc. However, if vehicle is a hazard or obstructing the tow log is to be used.
"7. All motor vehicle violations are to be towed to include unregistered and misuse of plates. Operators of these vehicles are not allowed to park vehicle or leave in private parking areas.
"8. Tow companies are only to release towed vehicles upon permission from the East Haven Police Department.
"9. That all tow companies provide the East Haven Police Department with a list of their equipment and capabilities. This includes heavy duty, medium duty, light duty, flatbed, motorcycle slings and storage facilities.
"10. That all tow companies agree that all wreckers used will be inspected by the East Haven Police Department at any time and must at all times be fully equipped as per the requirements of the Motor Vehicle Department and [s]tate [s]tatute.
"11. Tow companies may also be removed from the list if they are charging in excess of the state authorized rate for towing or if the company is found to be in violation of [s]tate [s]tatute or East Haven [Police Department Tow Board] Rules & Regulations.
"12. The tow companies agree that local residents will only be charged a [$70] fee for towing. This rate applies only if the vehicle stays in the confines of the [t]own of East Haven.
"13. That the tow companies agree that they will clean all debris from roadway at all accident scenes or situations where they are called upon to tow a vehicle. This task must be performed to the satisfaction of the investigating officer. Failure to do so may result in the suspension of the tow company from the rotating list or other appropriate discipline may occur as prescribed by the [c]hief of [p]olice.
"14. That the tow companies agree that they will provide in town transportation for operator and occupants when possible, with respect to the tow truck occupant capacity.
"15. That all tow companies agree that during any police investigation or emergency situation as determined by the police, the East Haven Police Department reserves the right at any time to call a tow company without regard to the tow rotation list.
"16. That the tow company shall be responsible for the preservation, condition, and safety of all vehicles towed and its contents therein.
"17. That the tow company shall be responsible to respond to any part of town when requested regardless of the distance within the confines of the [t]own of East Haven.
"18. That any tow company that refuses three service calls offered to them by the East Haven Police Department in a [thirty] day monthly period, the company will be notified in writing and suspended from the tow list for the remainder of the month. If this occurs two months consecutively in any calendar year, the company will be removed from the list and the [c]hief of [p]olice notified. The company will be notified in writing of the removal and it will be the company's responsibility to notify the [c]hief of [p]olice in writing that the company wishes to be reinstated on the rotating list. All future offenses may result in the company being permanently removed from the tow list. The above does not preclude the [c]hief of [p]olice from removing a company for just cause.
"19. If a customer makes a reasonable and responsible request for towing, said company will be credited with a tow on the East Haven [p]olice [l]og.
"20. That all companies agree not to [subcontract] any tow work if they are unavailable to handle an assigned job. The East Haven Police Department will utilize only towing companies that have made application and are on the tow list.
"21. The East Haven [c]hief of [p]olice reserves the right to amend [these] [r]ules & [r]egulations at any time. If [these] [r]ules & [r]egulations are amended all participating tow companies will be notified in writing...."
General Statutes § 52-557n provides in relevant part: "(a) (1) Except as otherwise provided by law, a political subdivision of the state shall be liable for damages to person or property caused by: (A) The negligent acts or omissions of such political subdivision or any employee, officer or agent thereof acting within the scope of his employment or official duties .... (2) Except as otherwise provided by law, a political subdivision of the state shall not be liable for damages to person or property caused by ... (B) negligent acts or omissions which require the exercise of judgment or discretion as an official function of the authority expressly or impliedly granted by law."
"On the issue of governmental immunity, the court posed the following interrogatory to the jury: 'Did the defendant prove by preponderance of the evidence that the decision on whether to tow and/or impound [Trnka's] vehicle was within the discretion of ... Officer Strand?' The jury answered 'no' to this interrogatory."
Ventura
v.
East Haven
, supra,
On appeal to the Appellate Court, the defendant also challenged several of the trial court's evidentiary rulings and claimed, as well, that the trial court improperly had failed to direct or set aside the verdict on the ground that there was insufficient evidence of actual and proximate causation.
Ventura
v.
East Haven
, supra,
Although we have recognized several exceptions to discretionary act immunity; see, e.g.,
Violano
v.
Fernandez
,
In fact, we have used this language in several of the cases in which we also have stated that the determination of whether the acts of a municipal official are ministerial or discretionary presents a question of law for the court. See, e.g.,
Strycharz
v.
Cady , supra,
As we observed previously, although the ultimate determination of whether governmental immunity applies is typically a question of law for the court, there may well be disputed factual issues material to the applicability of the defense, the resolution of which are properly left to the trier of fact. See, e.g.,
Strycharz
v.
Cady , supra,
It bears noting that, in those cases in which we have incorrectly stated that the question of whether official acts or omissions are ministerial generally is one of fact for the fact finder, we nevertheless decided the issue as a matter of law. See
Strycharz
v.
Cady , supra,
We note that the plaintiff also argues that the tow rules must apply equally to East Haven police officers because otherwise the officers would have no way of knowing about their "various powers" under the rules, such as the power "to oversee tow truck compliance with motor vehicle laws," and to enforce paragraph 13 of the rules, which requires "tow companies [to] agree that they will clean all debris from [the] roadway at all accident scenes ... to the satisfaction of the investigating officer." The plaintiff further asserts that the tow rules must be binding on East Haven police officers merely because they "were kept in the office of the police commissioner, alongside all the other rules, policies and directives" of the department, were "[f]ormally named the 'East Haven Police Department Tow Board Rules & Regulations,' " and bore the name of the former police chief, Leonard I. Gallo, on every page. The plaintiff does not explain, however, why the rules would have to be binding on an officer to ensure his or her familiarity with them, or why the location where the rules are kept or the fact that they are stamped with the former police chief's name have any bearing on whether they impose a ministerial duty on East Haven police officers to tow all vehicles that violate the state's motor vehicle laws. Indeed, under the plaintiff's reasoning, every written policy or rule of the department would have to be deemed to impose a ministerial duty on the officers to whom they apply, a proposition for which the plaintiff offers no legal or factual support.
The plaintiff cites
Strycharz
v.
Cady , supra,
We note that, although police officers are trained to follow specific procedures when investigating a suspected case of driving while under the influence; see
State
v.
Morelli
,
Reference
- Full Case Name
- Thomas VENTURA v. TOWN OF EAST HAVEN Et Al.
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- Status
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