On April 21, 2021 a
Motion,Ex Parte
was filed
involving a dispute between
Nancy Burton,
and
Bryan Hurlburt,Commissioner,Ct Dept Of Agriculture,
Building Department, Town Of Redding Ct,
Charles Dellarocco, Animal Control Officer,Ct Dept. Of Agriculture,
David Philip Mason,
Dennis Gibbon,
Department Of Agriculture,State Of Connecticut,
Elinore Carmody,
Health Department,Town Of Redding Ct Town Hall,Redding,
Julia Pemberton First Selectman,Town Or Redding,
Mark O'Donnell Chief Of Police,
Police Department,Town Of Redding Ct Town Hall,
Susan Winters,
Town Of Redding,Connecticut C O Town Clerk,
for M00 - Misc - Injunction
in the District Court of New Haven County.
Preview
DOCKET NO.: (X06) UWY-CV21-5028294-S : SUPERIOR COURT
NANCY BURTON : COMPLEX LITIGATION DOCKET
vs. : AT WATERBURY
DAVID PHILIP MASON, ET AL. : NOVEMBER 2, 2023
TOWN DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT
Pursuant to Practice Book §§ 17-44, 17-45, 17-46 and 17-49, the Town of Redding (the
“Town”), Julia Pemberton, and Mark O’Donnell (collectively, the “Town Defendants”), hereby move
for summary judgment as to each claim remaining against them in plaintiff’s “Substituted Fifth
Amended Complaint” dated April 12, 2022 [Docket Entry (“DE”) No. 328.00].
Plaintiff, Nancy Burton, is a prolific pro se litigator with a history of engaging in vexatious
litigation. In May 2020 and April 2021, plaintiff was arrested by local and state law enforcement and
collectively charged with sixty-six (66) counts of Cruelty to Animals and one (1) count of Obstructing
an Animal Control Officer in connection with her illegal operation of a goat farm at her residence in
Redding in violation of the local zoning regulations. Plaintiff’s arrest by state law enforcement resulted
from a State-led seizure during which approximately 65 goats and other evidence of animal abuse and
neglect was seized from plaintiff’s property pursuant to duly issued search and seizure warrant. The
criminal charges against plaintiff related to the significant evidence of animal abuse recovered remain
pending in the Connecticut Superior Court, Danbury GA3.1
1
See Docket Nos. D03D-CR21-0191750-S, D03D-CR21-0191750-S.
1
Karsten & Tallberg, LLC • ATTORNEYS AT LAW
500 ENTERPRISE DRIVE, SUITE 4B • ROCKY HILL, CT 06067 • (860) 233-5600 • FAX: (860) 233-5800 • JURIS NO. 424030
As set forth below and in the accompanying memorandum of law in support, the Town
Defendants move for summary judgment on all claims against them in the Substituted Fifth Amended
Complaint because the evidence in the record demonstrates an absence of a single triable issue of
material fact as to any of plaintiff’s claims. That is, governmental immunity pursuant to Connecticut
General Statutes § 52-557n(a)(2)(A) shields the Town and its officials from liability for intentional torts
alleged against its agents and/or employees for actions taken in the scope of their employment.
Plaintiff’s Intentional Infliction of Emotional Distress, Invasion of Privacy, Conversion, and Spoliation
claims are, thus, not viable as to the Town or its officials, in their official capacity.
The constitutional claims alleged against the Town Defendants sound in False Arrest and
Unlawful Search & Seizure. Because the criminal charges resulting from the arrest(s) at issue in this
case remain pending, this Court lacks jurisdiction to consider plaintiff’s legal challenge to the
underlying arrests prior to their disposition. Further, the doctrine of qualified immunity shields Ms.
Pemberton and Chief O’Donnell to the extent they were personally involved in any of the alleged
constitutional violations – which they were not. Although plaintiff also brings her constitutional claims
against the Town directly, she has not alleged liability under in Monell v. Dep’t of Social Services of
the City of New York, 436 U.S. 658 (1978) and, as such, cannot overcome the Town Defendants’
entitlement to summary judgment. Her Negligent Infliction of Emotional Distress claim must
necessarily fail for the same reasons.
In sum, because plaintiff will not be able to offer proof of the personal involvement of Chief
O’Donnell or Ms. Pemberton as to any of her claims against them, and based on the potent immunities
2
Karsten & Tallberg, LLC • ATTORNEYS AT LAW
500 ENTERPRISE DRIVE, SUITE 4B • ROCKY HILL, CT 06067 • (860) 233-5600 • FAX: (860) 233-5800 • JURIS NO. 424030
to which the Town Defendants are entitled, there remain no genuinely disputed issues of material fact on
which this Court could justify a denial of summary judgment on all counts.
WHEREFORE, for all the foregoing reasons, and for those reasons set forth more fully in the
accompanying memorandum of law, the Town of Redding, First Selectman Julia Pemberton, and Chief
Mark O’Donnell respectfully move this Court to enter summary judgment in their favor on all Counts
remaining against them in plaintiff’s Substituted Fifth Amended Complaint.
DEFENDANTS, TOWN OF REDDING, JULIA
PEMBERTON AND MARK O’DONNELL
BY/ss/James N. Tallberg
James N. Tallberg
Kimberly A. Bosse
Karsten & Tallberg, LLC
500 Enterprise Drive, Suite 4B
Rocky Hill, CT 06067
T: (860)233-5600
F: (860)233-5800
jtallberg@kt-lawfirm.com
kbosse@kt-lawfirm.com
3
Karsten & Tallberg, LLC • ATTORNEYS AT LAW
500 ENTERPRISE DRIVE, SUITE 4B • ROCKY HILL, CT 06067 • (860) 233-5600 • FAX: (860) 233-5800 • JURIS NO. 424030
CERTIFICATION
This is to certify that a copy of the foregoing was provided by US Mail, postage pre-paid, or
electronic mail pursuant to Practice Book § 10-13 on November 2, 2023, to the following pro se parties
and counsel of record:
Nancy Burton, Pro Se David B. Stanhill
154 Highland Avenue Michael D. Riseberg
Rowayton, CT 06853 Christine N. Parisi
(203) 313-1510 53 State Street
NancyBurtonCT@aol.com Boston, MA 02109
(667) 330-7102
dstanill@rubinrudman.com
mriseberg@rubinrudman.com
cparise@rubinrudman.com
Daniel Salton, Esq. Steve Stafstrom, Esq.
Matthew Levine, Esq. Pullman & Comley, LLC
Carole Briggs, Esq. 850 Main Street, P.O. Box 7006
AG-Environmental Bridgeport, CT 06601
165 Capitol Avenue, 5th Floor sstafstrom@pullcom.com
Hartford, CT 06106
(860) 808-5172
Daniel.Salton@ct.gov
Matthew.Levine@ct.gov
Carole.Briggs@ct.gov
Philip T. Newbury, Jr., Esq.
Howd & Ludorf, LLC
65 Wethersfield Avenue
Hartford, CT 06114
(860) 249-1361
pnewbury@hl-law.com
/ss/Kimberly A. Bosse
Kimberly A. Bosse
4
Karsten & Tallberg, LLC • ATTORNEYS AT LAW
500 ENTERPRISE DRIVE, SUITE 4B • ROCKY HILL, CT 06067 • (860) 233-5600 • FAX: (860) 233-5800 • JURIS NO. 424030
Related Content
in New Haven County
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DOCKET NO.: (X06) UWY-CV21-5028294-S : SUPERIOR COURT NANCY BURTON : COMPLEX LITIGATION DOCKET vs. : AT WATERBURY DAVID PHILIP MASON, ET AL. : NOVEMBER 2, 2023 TOWN DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT Pursuant to Practice Book §§ 17-44, 17-45, 17-46 and 17-49, the Town of Redding (the “Town”), Julia Pemberton, and Mark O’Donnell (collectively, the “Town Defendants”), hereby move for summary judgment as to each claim remaining against them in plaintiff’s “Substituted Fifth Amended Complaint” dated April 12, 2022 [Docket Entry (“DE”) No. 328.00]. Plaintiff, Nancy Burton, is a prolific pro se litigator with a history of engaging in vexatious litigation. In May 2020 and April 2021, plaintiff was arrested by local and state law enforcement and collectively charged with sixty-six (66) counts of Cruelty to Animals and one (1) count of Obstructing an Animal Control Officer in connection with her illegal operation of a goat farm at her residence in Redding in violation of the local zoning regulations. Plaintiff’s arrest by state law enforcement resulted from a State-led seizure during which approximately 65 goats and other evidence of animal abuse and neglect was seized from plaintiff’s property pursuant to duly issued search and seizure warrant. The criminal charges against plaintiff related to the significant evidence of animal abuse recovered remain pending in the Connecticut Superior Court, Danbury GA3.1 1 See Docket Nos. D03D-CR21-0191750-S, D03D-CR21-0191750-S. 1 Karsten & Tallberg, LLC • ATTORNEYS AT LAW 500 ENTERPRISE DRIVE, SUITE 4B • ROCKY HILL, CT 06067 • (860) 233-5600 • FAX: (860) 233-5800 • JURIS NO. 424030 As set forth below and in the accompanying memorandum of law in support, the Town Defendants move for summary judgment on all claims against them in the Substituted Fifth Amended Complaint because the evidence in the record demonstrates an absence of a single triable issue of material fact as to any of plaintiff’s claims. That is, governmental immunity pursuant to Connecticut General Statutes § 52-557n(a)(2)(A) shields the Town and its officials from liability for intentional torts alleged against its agents and/or employees for actions taken in the scope of their employment. Plaintiff’s Intentional Infliction of Emotional Distress, Invasion of Privacy, Conversion, and Spoliation claims are, thus, not viable as to the Town or its officials, in their official capacity. The constitutional claims alleged against the Town Defendants sound in False Arrest and Unlawful Search & Seizure. Because the criminal charges resulting from the arrest(s) at issue in this case remain pending, this Court lacks jurisdiction to consider plaintiff’s legal challenge to the underlying arrests prior to their disposition. Further, the doctrine of qualified immunity shields Ms. Pemberton and Chief O’Donnell to the extent they were personally involved in any of the alleged constitutional violations – which they were not. Although plaintiff also brings her constitutional claims against the Town directly, she has not alleged liability under in Monell v. Dep’t of Social Services of the City of New York, 436 U.S. 658 (1978) and, as such, cannot overcome the Town Defendants’ entitlement to summary judgment. Her Negligent Infliction of Emotional Distress claim must necessarily fail for the same reasons. In sum, because plaintiff will not be able to offer proof of the personal involvement of Chief O’Donnell or Ms. Pemberton as to any of her claims against them, and based on the potent immunities 2 Karsten & Tallberg, LLC • ATTORNEYS AT LAW 500 ENTERPRISE DRIVE, SUITE 4B • ROCKY HILL, CT 06067 • (860) 233-5600 • FAX: (860) 233-5800 • JURIS NO. 424030 to which the Town Defendants are entitled, there remain no genuinely disputed issues of material fact on which this Court could justify a denial of summary judgment on all counts. WHEREFORE, for all the foregoing reasons, and for those reasons set forth more fully in the accompanying memorandum of law, the Town of Redding, First Selectman Julia Pemberton, and Chief Mark O’Donnell respectfully move this Court to enter summary judgment in their favor on all Counts remaining against them in plaintiff’s Substituted Fifth Amended Complaint. DEFENDANTS, TOWN OF REDDING, JULIA PEMBERTON AND MARK O’DONNELL BY/ss/James N. Tallberg James N. Tallberg Kimberly A. Bosse Karsten & Tallberg, LLC 500 Enterprise Drive, Suite 4B Rocky Hill, CT 06067 T: (860)233-5600 F: (860)233-5800 jtallberg@kt-lawfirm.com kbosse@kt-lawfirm.com 3 Karsten & Tallberg, LLC • ATTORNEYS AT LAW 500 ENTERPRISE DRIVE, SUITE 4B • ROCKY HILL, CT 06067 • (860) 233-5600 • FAX: (860) 233-5800 • JURIS NO. 424030 CERTIFICATION This is to certify that a copy of the foregoing was provided by US Mail, postage pre-paid, or electronic mail pursuant to Practice Book § 10-13 on November 2, 2023, to the following pro se parties and counsel of record: Nancy Burton, Pro Se David B. Stanhill 154 Highland Avenue Michael D. Riseberg Rowayton, CT 06853 Christine N. Parisi (203) 313-1510 53 State Street NancyBurtonCT@aol.com Boston, MA 02109 (667) 330-7102 dstanill@rubinrudman.com mriseberg@rubinrudman.com cparise@rubinrudman.com Daniel Salton, Esq. Steve Stafstrom, Esq. Matthew Levine, Esq. Pullman & Comley, LLC Carole Briggs, Esq. 850 Main Street, P.O. Box 7006 AG-Environmental Bridgeport, CT 06601 165 Capitol Avenue, 5th Floor sstafstrom@pullcom.com Hartford, CT 06106 (860) 808-5172 Daniel.Salton@ct.gov Matthew.Levine@ct.gov Carole.Briggs@ct.gov Philip T. Newbury, Jr., Esq. Howd & Ludorf, LLC 65 Wethersfield Avenue Hartford, CT 06114 (860) 249-1361 pnewbury@hl-law.com /ss/Kimberly A. Bosse Kimberly A. Bosse 4 Karsten & Tallberg, LLC • ATTORNEYS AT LAW 500 ENTERPRISE DRIVE, SUITE 4B • ROCKY HILL, CT 06067 • (860) 233-5600 • FAX: (860) 233-5800 • JURIS NO. 424030