Barry Arpin v. Commissioner Scott Semple, et al.

Arpin · United States District Court for the District of Connecticut · March 19, 2026 · No. 3:24-cv-1918 (SRU)

Summary

The United States District Court for the District of Connecticut granted defendants’ motion to dismiss Barry Arpin’s claims. The court held that Arpin’s First and Fourteenth Amendment intimate-association claim was barred by the statute of limitations and was not tolled by his pursuit of state court remedies. The court declined supplemental jurisdiction over his intentional-infliction-of-emotional-distress claim and dismissed it without prejudice.

Holdings

  1. Arpin's First and Fourteenth Amendment intimate-association claim was time-barred because the alleged continuing course of conduct ended no later than May 10, 2018, and the complaint was not filed until December 2, 2024.
  2. Arpin's pursuit of state-court remedies did not toll the statute of limitations for his section 1983 claim.
  3. The court declined to exercise supplemental jurisdiction over Arpin's intentional-infliction-of-emotional-distress claim after dismissing all federal claims and dismissed the state-law claim without prejudice.

Questions Presented

  1. Whether Arpin's First and Fourteenth Amendment intimate-association claim was barred by Connecticut's three-year statute of limitations.
  2. Whether the continuing-course-of-conduct doctrine or Arpin's pursuit of state-court remedies tolled the limitations period for his section 1983 claim.
  3. Whether the court should exercise supplemental jurisdiction over Arpin's Connecticut intentional-infliction-of-emotional-distress claim after dismissing the federal claim.

Disposition

dismissed

Cases Cited (35)

  • Sanchez v. RN Debbie, 2018 WL 5314916, at *2 n.4 (D. Conn. Oct. 26, 2018)(followed)
  • Giraldo v. Kessler, 694 F.3d 161, 164 (2d Cir. 2012)(followed)
  • Ryder Energy Distribution Corp. v. Merrill Lynch Commodities, Inc., 748 F.2d 774, 779 (2d Cir. 1984)(followed)
  • Geisler v. Petrocelli, 616 F.2d 636, 639 (2d Cir. 1980)(followed)
  • Ashcroft v. Iqbal, 556 U.S. 662, 678-79 (2009)(followed)
  • Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555-56, 570 (2007)(followed)
  • Leeds v. Meltz, 85 F.3d 51, 53 (2d Cir. 1996)(followed)
  • Sykes v. Bank of Am., 723 F.3d 399, 403 (2d Cir. 2013)(followed)
  • Triestman v. Fed. Bureau of Prisons, 470 F.3d 471, 474 (2d Cir. 2006)(followed)
  • Tracy v. Freshwater, 623 F.3d 90, 101-02 (2d Cir. 2010)(followed)

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