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
- 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.
- Arpin's pursuit of state-court remedies did not toll the statute of limitations for his section 1983 claim.
- 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
- Whether Arpin's First and Fourteenth Amendment intimate-association claim was barred by Connecticut's three-year statute of limitations.
- Whether the continuing-course-of-conduct doctrine or Arpin's pursuit of state-court remedies tolled the limitations period for his section 1983 claim.
- 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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Cited In (0)
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Court Document
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