Successful Appeal before the Second Circuit Court of Appeals for Clauida Baio
Attorney Claudia Baio argued an appeal before the Second Circuit Court of Appeals, along with co counsel, and received a favorable decision affirming the summary judgment motion that had been granted for her client, a former state trooper, and the codefendant in a municipal liability claim.
The minor plaintiff claimed that one of the defendants (not involved in the appeal) had engaged in inappropriate sexual contact with him while involved in a town related cadet program. The tortfeasor had a personal relationship with the plaintiff’s mother that predated and was separate and distinct from any potential town connection. As part of the claim, the plaintiff argued that the defendant tortfeasor was acting under color of state law and brought claims against the codefendants, the former state trooper who was his superior, and the town.
The defense of governmental immunity was raised and defense counsel’s motion for summary judgment focused primarily on the argument that the tortfeasor was not acting under color of state law at the time of any of his actions. The motion for summary judgment was granted and the plaintiff appealed. With a summary decision, the judgment for the defendants was affirmed on appeal.