Sentementes v. Town of Bethel

THOMAS SENTEMENTES, Plaintiff, v. TOWN OF BETHEL, et al., Defendants.

3:20cv580 (MPS)

UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT

October 9, 2020

INITIAL REVIEW ORDER

The plaintiff, Thomas Sentementes, an unsentenced¹ inmate currently housed in the Bridgeport Correctional Center ("BCC") of the Connecticut Department of Correction ("DOC"),² asserts this action under 42 U.S.C § 1983, alleging violations of his federal constitutional and statutory rights and several claims under state law. Compl., ECF No. 1. Specifically, he names the following defendants: Town of Bethel; Governor Ned Lamont; Public Defender Thomas Leaf; BCC Warden Robert Martin; Bethel First Selectman John Doe; Pasqualina Bastone; Bethel Police Chief John Doe, Police Corporal Zor, Police Sergeant Rost, Police Officer Emerson, Police Officer Jason Broad, Bethel Police Officer James Christos,Bethel Police Sergeant Christos, and Bethel Police Officer Dan Spinella (the "Bethel Police Defendants"); Danbury Hospital Director John Doe; Dispatcher Katie Kavallines; Liberty Mutual CEO David Long; Daniel Sentementes; and Bank of America CEO John Doe.³

Sentementes has filed a motion to implead (which the court construes as a motion to amend to join parties) to add claims against the Town of Danbury, Danbury Mayor Boughton, Danbury Police Chief John Doe, and Detective Labonia ("Danbury Defendants"). ECF No. 12. As the complaint in this action has yet to be served, the court will grant the motion to add these parties as a matter of course and consider whether Sentementes can allege plausible claims against these defendants on this initial review.⁴ Sentementes seeks damages in the amount of $595,000,000.

For the reasons that follow, the court concludes that the complaint must be dismissed.

I. STANDARD OF REVIEW

Pursuant to 28 U.S.C. § 1915A, the Court must review a prisoner's civil complaint against a governmental entity or governmental actors and "identify cognizable claims or dismiss the complaint, or any portion of the complaint, if the complaint—(1) is frivolous, malicious, or fails to state a claim upon which relief may be granted; or (2) seeks monetary relief from a defendant who is immune from such relief." If the prisoner is proceeding pro se, the allegations of the complaint must be read liberally to raise the strongest arguments that they suggest. See Tracy v. Freshwater, 623 F.3d 90, 101-02 (2d Cir. 2010).

The Supreme Court has set forth a threshold "plausibility" pleading standard for courts to evaluate the adequacy of allegations in federal court complaints. A complaint must allege enough facts—as distinct from legal conclusions—to make the claim plausible. See, e.g., Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009); Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007). "A claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged." Ashcroft, 556 U.S. at 678. Notwithstanding the rule of liberal interpretation of a pro se complaint, a complaint may not survive dismissal if its factual allegations do not meet the basic plausibility standard. See e.g., Fowlkes v. Ironworkers Local 40, 790 F.3d 378, 387 (2d Cir. 2015).

II. FACTUAL BACKGROUND

To the best of its ability, the court discerns the following factual background from Sentementes's allegations. ECF No. 1.

Sentementes and his former partner, Pasqualina Bastone, entered into a partnership, LLC Bastone Investments, which included several businesses, including Bethel Wine and Spirits, Lina's Wine and Spirits, and Magia Bene Pizzeria. Id. at 5.

On January 22, 2019, his son Andrew informed him that Bastone had made an insurance fraud claim about an employee theft at Bethel Wine and Spirits to Liberty Mutual. Id.

On the evening of January 23, 2019, he confronted Bastone and other co-conspirators about this issue, and Bastone called the Redding Police Department. Id. at 6. When the Redding police responded at Lina's Wine and Spirits, they informed Bastone that she could file for an ex parte restraining order. Id.

Bastone then made a telephone call that was first received by Katie Kavallines, a dispatcher for the Bethel Police Department. Bastone subsequently made a complaint (allegedly false) to the Bethel Police that Sentementes had thrown bottles around Bethel Wine and Spirits. Id.

Sentementes alleges that he had stopped by Bethel Wine and Spirits to take care of some management issues; after he left, he had to return immediately because he had forgotten his glasses. Id. Upon his return to the store, Bethel Police Officers cornered him behind the counter. Id. Bastone later arrived, and Sentementes threatened that he wanted all of his assets returned to him. Id. at 6-7. Sentementes later agreed with the Bethel Police request to go to the Danbury Hospital Psychiatric Ward. Id.

On January 25, 2019, the Bethel Police Department sought a warrant for violation of a protective order and threatening in the second degree. Id. at 4.

On January 28, 2019, Sentementes's son Andrew made an allegedly false complaint to the Bethel Police Department as he had allegedly conspired with Bastone.⁵ Id. at 7. Andrew made numerous phone calls to Sentementes's friend, Sid Weston, for him not to pick Sentementes up from the hospital. Id.

On that same day, Bastone had Sentementes served with an ex parte restraining order. Id. Sentementes was subsequently incarcerated for violation of that restraining order due to the actions of Bastone and Andrew Sentementes. Id.

On February 11, 2019, Sentementes was arrested for assault on a public safety officer and operating a motor vehicle under a suspended license; the Danbury State's Attorney also addedcriminal mischief. Id. at 6-7. Sentementes's complaint indicates that he was arrested pursuant to a warrant. Id. at 4, 61.

Sentementes was incarcerated for a year but could have posted bond and hired an attorney if Daniel Sentementes had honored his mother's wishes and given Sentementes his $20,000 in inheritance. Id. at 7. (Sentementes does not specify if or how he is related to Daniel Sentementes.)

During his incarceration, Sentementes repeatedly contacted Bank of America to access his bank account so that he could post bond, but he was ignored by the bank. Id. at 8. After Sentementes gave power of attorney to Francis Larson, Larson went to Bank of America and was informed that someone was withdrawing money each month from Sentementes's social security disability check. Id. at 8-9. On March 3, 2020, this withdrawal started again but the bank refused to investigate. Id. at 8.

Although Sentementes had been represented by Public Defender Leaf, Sentementes asked the state court judge to allow Sentementes to proceed on his own and have Leaf act as standby counsel. Id. at 9. Sentementes had been unable to have Leaf take action to preserve surveillance videos and the exculpatory evidence was erased; Sentementes asked Leaf whether he was going to represent him to the best of his abilities. Id. Leaf responded with an expletive. Id.

Judge D'Andrea, who presided over three of Sentementes's criminal trials stemming from Bastone's accusations about Sentementes, put in the mittimus that Sentementes should be provided with law book, paper, pens, envelopes, and access to standby counsel. Id. at 9. Thereafter, BCC Warden Martin denied Sentementes his right to access legal law books. Id. at 10.

Sentementes "filed for" a subpoena for the video tape of January 23, 2019 from Danbury Hospital Pyschiatric Ward, but the Hospital claimed that the videos were on a thirty-day loop and recorded over. Id. at 10.

On January 4, 2020,⁶ Sentementes, proceeding pro se, showed at trial that Bethel Police Department had provided false and perjured testimony. ECF No. 1 at 8. Some of the false testimony came from Police Officer Emerson, who had testified that he had only met Sentementes twice in the two years prior; Sentementes produced evidence that Officer Emerson had arrested him three times between January 23 and February 11, 2019. Id.

On January 14, 2020, Sentementes was found not guilty by a jury on the charges stemming from the January 23, 2019 incident at Bethel Wine & Spirits. Id. at 4.

During the week of January 28, 2020, Sentementes filed a complaint with the Danbury Police Department about the theft of money from his Bank of America account. ECF No. 12 at 1. Detective Labonia informed him that it is almost impossible to have Bank of America release photographs of the ATM; that it would be difficult to obtain a subpoena; and that his complaint was on the bottom of his files. Id. Despite multiple letters to Detective Labonia with numbers for him to contact Bank of America and cancel his ATM card, Detective Labonia failed to respond or take any action to protect Sentementes's rights. Id. Sentementes represents that he could have posted bond if Detective Labonia had acted to fulfill his duties. Id.

On March 4, 2020, the case against Sentementes based on his arrest by Police Officer Emerson for violation of a protective order and threatening was nolled. ECF No. 1 at 4, 8.Sentementes attributes the state's decision to nolle the action to Police Officer Emerson being "caught testifying to a lie along with Corporal Zor and Sergeant Rost." Id. at 4.

III. DISCUSSION

Sentementes asserts the following causes of action: Breach of Fiduciary Duties; Violation of Rights; Kidnapping; Illegal Confinement; Cruel and Unusual Punishment; Risk of Injury; Slander; Defamation; Conspiracy; violation of the Clayton AntiTrust Act; violation of the Racketeering Influenced and Corrupt Organizations Act ("RICO"); Intentional Infliction of Emotional Distress; Malicious Prosecution; Violation of Public Act 107; Wire Fraud; Threatening; Financial Theft; and Negligence.⁷

Sentementes has indicated that he brings this action under 42 U.S.C. § 1983 for violation of his rights. As he alleges that he was arrested based on...