The Douche Bag[s] Case
P.O. Box 1415 Litchfield, CT 06759
Cellular 860-690-0211 * Fax- 860-567-9119
Paula Schwartz, Superintendent
Regional School District #10
24 Lyon Rd.
Burlington, CT 06013
(860) 673-2538 ext. 2; Fax:(860) 675-4976
by fax, e-mail and regular mail
Dear Ms. Schwartz:
This is a formal request for prompt production of documents in accordance with the state Freedom of Information Act.
I request copies of any and all billing records related to legal work that has been farmed out to the firm Howd & Ludorf and / or your regular counsel regarding alleged civil rights violations by you and your administration against students including Avery Doninger.
These records include but are not limited to: retainer agreement, indemnification clause, retainer check and other checks and invoices; also, meeting minutes, memorandums, phone logs and e-mails regarding the administration's handling of these matters. In addition, this request covers copies of the write-in votes submitted for Ms. Doninger and any and all related records including memos and e-mails. Memos and documents include but are not limited to discussions about the seizure of free speech t-shirts by your staff.
To amplify, this request covers any and all public records about this matter in your possession or control, regardless of where they are stored, whether in your office and office computer, home and home computer, etc.
It is a Class A Misdemeanor CGS Sec. 1-240 to destroy a public record. Destruction of a public record is punishable by up to a year in jail and a $1,000 fine
Failure to comply promptly with this request will result in a formal complaint, requests for subpoenas of witnesses and a request for a $1,000 fine.
By prompt, I mean immediately, unless you can demonstrate to the FOI Commission that this would interfere with the normal course of business. This information - regarding alleged civil rights violations of students by you and your administration -- is vital to the public interest. Accordingly,I request a waiver of any and all fees. You may fax or mail the data to the contact information listed above.
Thank you very much.
Copies to state Freedom of Information Commission, Gov. Rell, Chief State's Attorney
Top Gun @ Howd & Ludorf:
Thomas R. Gerarde
Mr. Gerarde is a graduate of Fairfield University (B.S. 1978). He received his juris doctorate from Suffolk University (J.D., cum laude, 1981).
For more than 23 years, Mr. Gerarde has practiced in the State of Connecticut. He focuses on the defense of municipalities, public officials and employees against all general and professional liability claims, including civil rights claims, and claims of negligence, nuisance, and roadway defects. He regularly appears in all state and federal courts in Connecticut, representing public officials, law enforcement officers, Boards of Education, land use commissions, firefighters and emergency response personnel. Mr. Gerarde has argued complex appeals in municipal cases before the Connecticut Appellate Court, the Connecticut Supreme Court and the United States Court of Appeals for the Second Circuit that have shaped the legal landscape in Connecticut, including:
Pajor v. Wallingford, 47 Conn.App. 365, 704 A.2d 247 (1997), cert. denied, 244 Conn. 917 (1998) (under the defective highway statute, municipality must have notice of specific defect causing the injury, rather than notice of conditions likely to cause a defect)
Binette v. Sabo, 244 Conn. 23, 710 A.2d 688 (1998), and ATC Partnership v. Windham, 251 Conn. 597, 741 A.2d 305 (1999), (which frame the parameters of a cause of action for money damages for civil rights violations brought pursuant to the Connecticut Constitution)
Tsombanidis v. West Haven Fire Dept., 352 F.3d 565 (2nd Cir. 2003), (established requirements to prove disparate impact and failure to make reasonable accommodation under the Fair Housing Act)
Pane v. Danbury, 267 Conn. 669, 841 A.2d 684 (2004) (no claim for money damages exists for violation of Freedom of Information Act; municipalities cannot be sued directly, except pursuant to a statute that operates as a waiver of municipal immunity)
He is admitted to practice in the following jurisdictions:
• State of Connecticut
• United States District Court, District of Connecticut
• United States Court of Appeals for the Second Circuit
• United States Supreme Court
Mr. Gerarde is Board Certified as a Civil Trial Specialist by the National Board of Trial Advocacy. He is a member of the American Bar Association and the Connecticut Association of Municipal Attorneys.