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PEREZ v. ORTIZ

Nos. 977-979 and 1000, Dockets 88-7002, 88-7012, 88-7004 and 88-7052.

849 F.2d 793 (1988)

Gloria PEREZ, Elizabeth Agosto, Plaintiffs-Appellants, v. Jesus ORTIZ, Philomena Lula and Theodore Meekins, Individually and in their Official Capacities as Officers in the Police Department of Bridgeport, Connecticut, Defendants-Appellees. Sonia ZAPP, Plaintiff-Appellant, v. Lori Ann CASABARRA, Stephanie Johnson, in their Official Capacities as Officers in the Police Department of New Haven, Connecticut, Defendants-Appellees. Douglas G. BROWN, Individually and in his Official Capacity as Administrator of the Estate of Gregory Brown and Judith Brown, Plaintiff-Appellant, v. P. DOOLING, III, E. O'Keefe, F. Hosey, H. Povinelli, Individually and in their Official Capacities as Officers in the Police Department of the City of Milford, Connecticut, Defendants-Appellees. Vera CARTER, on her Own Behalf and as the Mother and Next Friend of Her Minor Daughter, Tasha Carter, Willie Carter, and William Outlaw, III, Plaintiffs-Appellants, v. Jack KENNELLY, Steven Cahill, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided June 27, 1988.

Attorney(s) appearing for the Case

John R. Williams, New Haven, Conn. (Williams & Wise, Sue L. Wise, of counsel), for plaintiffs-appellants.

Barbara Brazzel-Massaro, Office of the City Attorney, Bridgeport, Conn., for defendants-appellees Jesus Ortiz, Philomena Lula, and Theodore Meekins.

Edward Mattison, Deputy Corp. Counsel City of New Haven, Conn., for defendants-appellees Lori Ann Casabarra and Stephanie Johnson.

John Lemega, Hartford, Conn. (Halloran, Sage, Phelon & Hagarty, James J. Szerejko, John P. Farley, of counsel), for defendants-appellees P. Dooling, III, E. O'Keefe, F. Hosey, and H. Povinelli.

Raymond J. Plouffe, Jr., New Haven, Conn. (Bai, Pollack & Dunnigan, Arnold J. Bai, Barry G. Grandon, of counsel), for defendants-appellees Jack Kennelly and Steven Cahill.

Before CARDAMONE, PRATT and MAHONEY, Circuit Judges.

GEORGE C. PRATT, Circuit Judge:

On September 3, 1987, Chief Judge Daly of the District Court for the District of Connecticut entered sua sponte identical orders in five civil rights cases that were brought under 42 U.S.C. § 1983, dismissing all pendent state law claims and all claims brought against police officer defendants in their official capacities. These sua sponte orders were filed without notice or an opportunity to be heard. After noting...

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