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Kelly v. City of New Haven9/27/2005
dismissed with prejudice. As a result of this stipulation, the following counts remained before the Superior Court: the first, third and fifth counts seeking only damages from certain individual defendants; the seventh count seeking declaratory and injunctive relief and damages from Burgett; and the eighth and ninth counts seeking declaratory and injunctive relief and damages from all of the individual members of the board of police commissioners.
The trial court issued a partial judgment in favor of Beckwith on counts seven and eight, but issuing only declaratory and injunctive relief as to those counts-- declaring that the charter had been violated and enjoining the continued practices of rounding the civil service examination scores and applying the rule of three to large score groups created by rounding. Thus, the trial court did not decide the claim for damages in the seventh and eighth counts, and it did not reach the first, third, fifth and ninth counts. On September 23, 2003, the day on which the consolidated hearing began, Beckwith filed a claim for a jury trial on the remaining counts.
Because, inter alia, the ninth count, which was not resolved by the partial judgment, seeks injunctive relief, a declaratory judgment and damages against the individual police commissioners, the judgment in this case is not final as to any defendant. The plaintiffs' supplemental brief asserts that the claims for injunctive relief are brought against the city officials in their official capacity. Therefore, we must construe this count as one against the city. See Kentucky v. Graham, supra, 473 U.S. 165-66. Accordingly, all counts against the city have not been resolved in the Beckwith case, and there is not a final judgment in the case.
C.
We now turn to the Kelly case. As we previously have noted; see footnote 1 of this opinion; the plaintiffs, John Kelly, James P. Kelly, Aaron Sweeney and Rebecca Sweeney-Burns, have brought this action against the city, Wearing, Burgett, and certain members of the board of police commissioners, alleging in forty-one counts that the methodology employed by the defendants with respect to the police department's eligibility lists violates the charter, as well as the plaintiffs' federal constitutional right to due process via 42 U.S.C. § 1983.
Following the consolidated September, 2003 hearing, the trial court, Pittman, J., rendered a partial judgment in the matter in favor of the plaintiffs on counts one, four, six, eleven, fourteen, sixteen, nineteen and twenty-one. The trial court's partial judgment granted declaratory and injunctive relief only, however, as to those counts.
On September 23, 2003, the day that the consolidated hearing began, the plaintiffs also filed a claim for a jury trial on the remaining counts. These remaining claims seeking damages include: (1) twenty counts brought against the city; (2) eight counts against Wearing for violating the charter provision prohibiting race-based discrimination and the plaintiffs' federal constitutional right to due process; (3) four counts against the individual members of the board of police commissioners for violating the plaintiffs' right to due process; and (4) one count against Burgett for violating the charter.
After an examination of this procedural history, it is clear that none of the defendants subject to the partial judgment may claim that all causes of action against them have been disposed of in accordance with Practice Book § 61-3. The dispositive fact is that the partial judgment addressed only one of twenty claims brought against the city. Thus, even if we were to construe the claims remaining against the individual defendants as having
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