Resolved Cases
Kerrigan v. Connecticut Department of Public Health (Connecticut Supreme Court): Friday October 10, the State Supreme Court issued a landmark decision for the LGBT community, ruling that it was unconstitutional for the state to deny same-sex couples the right to marry. In its decision, the Supreme Court rejected the trial court’s conclusion that marriage and civil unions are “separate” but “equal” legal entities and stated that such a classification is “forbidden” by the Equal Protection clause. In this case, the ACLU-CT worked in conjunction with Gay & Lesbian Advocates & Defenders. Maureen Murphy of Murphy, Murphy & Nugent, LLC and Kenneth J. Bartschi and Karen Dowd of Horton, Shields & Knox, P.C. served as cooperating counsel. Click here for more information about this victory.
Corcoran v. German Social Society (Connecticut Superior Court): The Appellate Court ruled in our favor and reversed the trial court’s ruling that had upheld the denial of membership to a Mystic woman in a local social/dining club because of her gender. Other than its exclusion of women from membership, the club is open to the general public. The Superior Court ruled in our favor and mandated that all applications be treated the same-regardless of gender.The defendants have not yet decided whether to appeal.Lenora Lapidus and Emily Martin of the ACLU Women’s Rights Project are assisting as co-counsel, and Jon Orleans and Sarah Poston of Zeldes Needle & Cooper are cooperating counsel.
Kildea v. Town of Canterbury (U.S. District Court): In June, we filed a case against the Town Selectmen of Canterbury who had shut down public comment at their meetings. David Cohen of Wofsey, Rosen, Kweskin Kuriansky, LLP is our cooperating counsel. Judgment for the plaintiff: See sidebar.
Current Cases
Lantz v. Coleman (Superior Court): The ACLU-CT represents Bill Coleman, an inmate at Osborn Correctional Institute, who is protesting what he believes is Connecticut’s corrupt judicial system through a hunger strike. In this case, the ACLU-CT is asking a Superior Court judge to prevent the Department of Corrections officials from force-feeding Coleman through an IV or nasogastric feeding tube without his permission. This highly invasive and painful procedure, it is argued, will bring Coleman’s hunger strike to an end, violating his rights to protest and to deny unwanted medical treatment. Cooperating counsel is William Murray of Edwards Angell Palmer and Dodge.
Cooper v. United States Postal Service (2nd Circuit): This case challenges the U.S. Postal Service’s contract with a church run corporation to operate a post office unit in Manchester. The church run corporation has engaged in proselytizing while providing postal services. The District Court ruled in our favor finding that the USPS had violated the Establishment Clause of the U.S. Constitution. The church corporation has appealed this decision to the Second Circuit Court of Appeals. Serving as cooperating counsel are Aaron Bayar and Kevin Smith of Wiggin & Dana.
Green Party of Connecticut v. Garfield (U.S. District Court): In July 2006, the ACLU-CT filed a Complaint on behalf of several plaintiffs challenging portions of the state’s new campaign financing law. Under the law, minor party candidates will not be able to qualify for public financing of their campaigns, and lobbyists, state contractors and their immediate family members are completely barred from contributing to candidates for state legislative and executive office. Mark Lopez (Lewis Clifton & Nikolaidis) and Mark Ladov (ACLU) are serving as co-counsel.
Update: December 19, 2008
Judge Underhill ruled that recent political corruption scandals made it constitutional for the state to completely ban lobbyists, state contractors, and their immediate family members from voicing their political views through campaign contributions. Despite the lack of evidence that the disputed ban would have prevented these past scandals or would prevent future ones, the Court reasoned that preventing “perceived corruption” was enough to justify an outright ban of this kind of speech. The ACLU expects to appeal the decision.
State v. Fernando A. (Connecticut Supreme Court): ACLU-CT filed an amicus brief arguing that due process requires an evidentiary hearing under Connecticut General Statutes § 54-63c before a court can issue a protective order that deprives an individual of the fundamental rights of entering their own home and associating freely with their children. Daniel J. Foster of Day Pitney is our cooperating counsel.
USA v. Palermino (U.S. District Court and DPUC): The ACLU-CT and the national office are working with the Office of Consumer Counsel to prevent AT&T and Verizon from voluntarily disclosing phone customer information to the government. We are also seeking retribution for AT&T’s previous unlawful disclosure of this information. Seth Klein of Schatz Nobel Izard is cooperating counsel.
Monitoring Cases
Office of Protection & Advocacy v. Choinski (U.S. District Court): The ACLU-CT is responsible for monitoring compliance with a 2005 consent order governing the treatment of mentally ill prisoners at Northern Correctional Institution (Connecticut’s “supermax” facility) and Garner Correctional, which houses many mentally ill inmates. The complaint, brought on behalf of the Office of Protection and Advocacy, claims that the stark and isolating conditions at the supermax prison exacerbate the condition of prisoners with mental illness, and that DOC mental health facilities and treatment procedures are inadequate. Ben Solnit of Tyler, Cooper & Alcorn, LLP is cooperating attorney and the ACLU National Prison Project is co-counsel.
Roe v. Hogan (U.S. District Court): ACLU-CT is monitoring a State mental health facility to ensure its compliance with an agreement to provide fair treatment of residents who have been acquitted of criminal charges due to mental incompetency.
Sheff v. O’Neill (Connecticut Superior Court): In 1996, the Supreme Court of Connecticut ruled that "the needy schoolchildren of Hartford have waited long enough," and urged the legislature and executive branches of the state government to put school integration "at the top of their respective agendas." We, together with other members of the Sheff team, continue to work to achieve that goal and provide children with access to quality, integrated educational opportunities.
West v. Manson (U.S. District Court): The ACLU-CT is responsible for monitoring compliance with a 1988 consent order governing conditions at the women’s prison at Niantic. Most recently, we have focused on inadequate mental health care at the facility. Lynn Cochrane of Greater Hartford Legal Aid, Inc. is co-counsel and Andrew Gaillard of Day, Berry & Howard LLP is assisting as cooperating attorney.
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