Thomas R. Gerarde

tgerarde@hl-law.com

Mr. Gerarde is a graduate of Fairfield University  (B.S. 1978).  He received his juris doctorate from Suffolk University (J.D., cum laude, 1981).

Mr. Gerarde has practiced in the State of Connecticut since 1981.  He defends 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.

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

Tel:  (860) 249-1361

Fax:  (860) 249-7665

Mr. Gerarde is Board Certified as a Civil Trial Advocate by the National Board of Trial Advocacy.  He has served as a Special Master of the United States District Court.  He is a member of the American Bar Association and the Connecticut Association of Municipal Attorneys.  Mr. Gerarde has extensive trial and appellate experience in cases brought against public entities, including the following:

 Trials to Verdict in Public Entity Cases

Estate of Foster v. Branford.  This suit stemmed from a police pursuit of an intoxicated driver.  The driver went through a red light and struck the plaintiff’s vehicle broadside, killing one occupant and leaving theother with a traumatic brain injury. Town of Branford and its police supervisors were cleared at summary judgment based on governmental immunity, and the negligence claim against the pursuing officer proceeded to trial.  The case was heard at the Waterbury Complex Litigation Docket, and the jury returned a defendant’s verdict.

Malloy v. Colchester, this suit stemmed from the plaintiff’s car striking a roaming horse, rendering the plaintiff quadriplegic.  Plaintiff sued the Town of Colchester and its animal control officer, who had received several prior complaints about the roaming horse but did not take significant enforcement action including seizure of the horse.  This suit was tried to a jury in Norwich Superior Court and resulted in a directed defense verdict.

Dingwall v. Old Saybrook Police Department, This suit stemmed from the arrest of the plaintiff for a domestic violence crime.  Plaintiff was held at the Old Saybrook police department and claims he was improperly interrogated and denied his access to counsel.  His civil rights/due process claim, was tried to a jury at U.S. District Court in Hartford to a defendant’s verdict.

Pryor v. Officer William Proulx.  This suit stemmed from the traffic stop of the plaintiff by East Hartford police officer William Proulx.  During the stop narcotics were found in the back seat and the plaintiff was arrested.  Plaintiff brought a civil rights claim for illegal search and seizure.  This was tried before a jury in to a U.S. District Court in Hartford to a defendant’s verdict.

Coleman v. City of Bristol, This suit stemmed from the SWAT response to the plaintiff’s home after a neighbor called 911 and stated a man in fatigues was shooting an assault weapon in the rear yard.  The man was a friend of the plaintiff who was actually shooting frozen paint balls from a paint ball gun.  Plaintiff was ordered out of the home by the SWAT team in full dress and was briefly detained.  He was not arrested but claimed emotional distress as a result of his being ordered out of his home at gunpoint and forced to the ground.  Plaintiff’s unlawful detention/excessive force claim was heard by a jury at New Britain Superior Court, which returned a defendant’s verdict.

Hall v. Town of Mansfield.  This suit stemmed from the search of plaintiffs farm property on suspicion that plaintiff had illegally buried hazardous materials and oil tanks in various locations. Plaintiff’s civil rights/unreasonable search claim was heard by a jury in U.S. District Court, New Haven, which returned a defendant’s verdict.

Aczel v. Labonia and Mabel (Danbury Police Department).  This suit stemmed from the arrest of plaintiff on a domestic complaint and use of force during arrest, resulting in fractured bones in plaintiffs face.  Plaintiff filed a civil rights claim for excessive force, which was heard by a jury in U.S. District Court, New Haven. The jury returned a defense verdict as to Officer Mabel, and deadlocked as to Officer Labonia.  The court then granted the defendant Labonia’s motion for judgment, and the plaintiff has appealed to the 2d Circuit.

Estate of Cooper v. Michael Breen (North Branford Police Department).  This suit stemmed from the fatal shooting of a fleeing motorist by Branford Police Officer Michael Breen.  The estate filed a wrongful death civil rights claim, which was bifurcated by the trial court.  The jury returned a plaintiffs verdict on the 4th Amendment claim and the matter settled as the court was considering the qualified immunity issue.

Queach Corporation v. Town of Branford, This suit stemmed from a claim by the plaintiff development company that the Town of Branford reneged on a land swap deal, which prevented the plaintiff from building a golf course and residential community, and caused $5,000,000 in losses.  This breach of contract claim was tried to a jury in New Haven Superior Court to a defendant’s verdict.

Sutera v. City of Norwich This suit stemmed from the fall on an icy road by the plaintiff, at the end of a snowstorm.  Plaintiff brought a defective highway claim against the City of Norwich.  The case was tried to a jury in New London Superior Court to a defendant’s verdict.

Tsombanidis v. West Haven Fire Department.  This suit stemmed from the refusal by the West Haven Fire Department to waive fire code requirements for a drug/alcohol recovery home.  Plaintiffs filed a civil rights claim under the Fair Housing Act.  The case was tried to the court, at U.S. District Court, Waterbury.  The District Court found the plaintiff proved a disparate impact claim, but the U.S. Court of Appeals for the 2d Circuit reversed, and entered judgment for the defendant Fire District.

First Step v. City of New London, This suit stemmed from the refusal by the City of New London to grant a special permit to a the plaintiff, which intended to operate a transition facility serving persons with psychiatric disabilities.  Plaintiff sued under the Americans with Disabilities Act.  The case was tried to the U.S. District Court, Bridgeport.  The court entered judgment for the plaintiff, and the matter settled on appeal.

Avalonbay Communities v. Town of Orange, This suit stemmed from the denial by the Town of Orange of a permit to a developer that planned to build a large-scale affordable housing project.  The Town sought to condemn the property for use as an office and technology park.  Plaintiff brought suit under the Federal Fair Housing Act violation, and for bad faith condemnation.  The case was tried to the court in New Haven Superior Court; judgment for defendant on Fair Housing Act claim, but condemnation of subject property enjoined.

Gold Diggers, LLC v. Town of Berlin, This suit stemmed from the challenge of the Town of Berlin’s Sexually Oriented Business Ordinance by a live adult entertainment facility on First Amendment grounds.  The case was tried to the court in U.S. District Court in Bridgeport, which entered judgment for the defendant.

Nikiel v. Town of Wethersfield,  This suit stemmed from a fall down in a pot hole by plaintiff while walking on a town road.  Plaintiff brought suit under the Defective Highway Act.  The jury returned a defendant's verdict.

Herasimovich v. Town of Wallingford.  In this suit, plaintiff claimed the Town of Wallingford overburdened a 1955 drainage easement, which authorized the Town to drain storm water onto plaintiffs land, when it allowed new subdivisions to drain their storm water  into the easement.  Plaintiff also sued on nuisance and takings theories.  The matter was tried to the court, which rendered a judgment for the defendant on all counts.

Appeals Argued in Public Entity Cases:

VIP v.Town of Berlin, 593 F.3d 179 (2d Cir. 2010).  Plaintiff adult book/video store won a preliminary  injunction against the Town of Berlin based on claim that town’s definition of an adult store was unconstitutionally vague.  Court of Appeals reversed and dissolved the injunction.

Neighborhood Builders v. Town of Madison, 294 Conn. 651 (2010).  Trial court certified a class action against the Town in response to the Town’s changing its building permit fee structure.  The Town appealed the granting of class certification to the Connecticut Supreme Court, which affirmed the granting of class certification.

Sherman v. Ronco, 294 Conn 548 (2010).  Plaintiff claims he was abused by a teacher, with the knowledge of the Principal, in early 1970s in West Hartford.  Plaintiff amended his complaint to add new claims against the Principal after the expanded statute of limitations in sexual abuse cases expired, and defendant/Principal moved for summary judgment.  Court granted defense motion for summary judgment on the ground that the new claims did not relate back to the claims in the original complain and, thus, were untimely. Supreme Court affirmed judgment in favor of the defendant.

Tuccio v. Town of Ridgefield, 589 F.3d 538 (2d. Cir 2009).  Following trial in United States District Court, Court entered judgment for the defendant in a First Amendment retaliation claim.  Plaintiff appealed to the U.S. Court of Appeals, and Attorney Gerarde was retained to defend the appeal. The Court of Appeals for the 2d circuit affirmed the judgment in favor of the defendants.

Aczel v. Labonia  (Danbury Police Dept.), 584 F.3d 52 (2d Cir. 2009).  Plaintiff sued Danbury police officer in U.S. District Court for wrongful arrest, excessive force, and several state law claims.  Jury rendered defendants verdict on all claims except excessive force, and deadlocked on excessive force claim.  Court thereafter granted judgment in favor of the defendant on  the excessive force claim, and plaintiff appealed to the U.S. Court of Appeals for the 2d circuit—which affirmed the judgment in favor of the defendant.

Himmelstein v. Town of Windsor, 116 Conn App. 28 (2009).  Plaintiff was injured when a bicycle he was riding struck a radar trailer parked on the side of Conn. Rte. 159.  The plaintiff sued the Town under the defective highway act, as the Town’s Police Department placed the trailer on the roadway.  The Town won summary judgment, given the State of Connecticut was the party bound to keep the State Highway (Rte. 159) in repair, even though the Town created the alleged defect.  The summary judgment in favor of the Town was affirmed by the Connecticut Appellate Court. The Connecticut Supreme Court has granted certification.

Doninger v. Niehoff (Regional School District 10),  527 F.3d 41, 233 Ed. Law Rep. 30, 35 A.L.R.6th 703, (2d Cir. 2008)  Seminal student speech case in 2d Circuit.  Plaintiff brought First Amendment claim against School District after being disciplined in response to off-campus derogatory remarks about the School Superintendent.  Plaintiff sought preliminary injunction against enforcement of the discipline, which was denied by the U.S. District Court after evidentiary hearing.  On appeal, the United States Court of Appeals for the Second Circuit affirmed the denial of the preliminary injunction, holding that students can be disciplined for off campus speech that is likely to reach campus and cause disruption of the educational environment.

Grignano v. City of Milford, 106 Conn.App. 648, 653-54, 943 A.2d 507 (2008)  Plaintiff sued City of Milford after falling down on outdoor boat landing.  Court granted City’s motion for summary judgment based on governmental immunity, and plaintiff appealed, claiming City had mandatory obligation to keep boat landing safe.  Connecticut Appellate Court affirmed the summary judgment in favor of the City based on governmental immunity.

Walczyk v. Rio, 496 F.3d 139, 157 (2d Cir.2007) Plaintiff Thomas Walczyk sued Farmington Police Department for false arrest and illegal search.  The District Court denied summary judgment motion based on qualified immunity.  The defendants took an interlocutory appeal, and the U. S. Court of Appeals reversed, entering judgment in favor of the Farmington Police on all claims by Thomas Walczyk.  An ancillary claim brought by a relative was thereafter settled.

Alexander v. Town of Vernon, 101 Conn. App. 477, 923 A.2d 748 (2007) This suit resulted from a murder-suicide perpetrated by an estranged husband.  The former wife’s estate sued the Vernon Police Department claiming failure to protect the wife, and to prevent her murder.  Trial court granted summary judgment based on governmental immunity, and the Connecticut Appellate Court affirmed the judgment in favor of the defendants.

Roman v. City of Bristol, 101 Conn.App. 491, 922 A.2d 310, (2007)  City of Bristol sought indemnification from a contractee pursuant to a hold harmless agreement.  Trial court entered summary judgment against the City and City appealed.  Connecticut Appellate Court reversed trial court and reinstated City’s claim for indemnification.

Hoyer v. DiCocco (Wallingford PD), 224 Fed.Appx. 103 (2d Cir. 2007).  Plaintiff was seized by Wallingford Police Officer and committed for psychiatric evaluation.  Plaintiff sued after hospital determined she would not be held overnight.  Trial court denied defendant’s summary judgment motion seeking qualified immunity and defendant took  an interlocutory appeal.  U.S. Court of Appeals reversed the trial court and entered judgment for the defendant based on qualified immunity.

Estate of Aselton v. Town of East Hartford, 277 Conn. 120, 131, 890 A.2d 1250 (2006).  Aselton was an East Hartford Police officer killed in the line of duty.  His estate sued the Town and police dispatchers, claiming Aselton was not provided with sufficient information that would have enabled him to avoid an ambush.  Trial court granted summary judgment on all federal and state claims, and the Connecticut Supreme Court affirmed judgment for the defendants.

Prescott v. Meriden. 80 Conn.App. 697, 836 A.2d 1248, 183 Ed. Law Rep. 503, Conn.App., (2003), AFFIRMED upon certification, 273 Conn. 759, 873 A.2d 175, 198 Ed. Law Rep. 316, (2005). Plaintiff sued after falling on bleachers during a football game.  Trial court granted defendant’s motion for summary judgment based on governmental immunity.  On appeal, plaintiff sought to expand the identified victim exception to governmental immunity, but Appellate Court affirmed the trial court, and the Connecticut Supreme Court also affirmed.

Gaudino v. Town of East Hartford,  87 Conn.App. 353, 865 A.2d 470 (2005)  Plaintiffs were 4 passengers in a motor vehicle that were struck by a motorist being chased by East Hartford Police, and then by the Connecticut State Police in a high speed pursuit.  The Town of East Hartford Defendants won summary judgment based on governmental immunity, which was affirmed by the Connecticut Appellate Court.

Tsombanidis v. West Haven Fire Dept., 352 F.3d 565 (2d Cir. 2003).  This suit stemmed from the refusal by the West Haven Fire Department to waive fire code requirements for a drug/alcohol recovery home.  Plaintiffs filed a civil rights claim under the Fair Housing Act.  The case was tried to the court, at U.S. District Court, Waterbury; The District Court found the plaintiff proved a disparate impact claim, but the U.S. Court of Appeals for the 2d Circuit reversed, and entered judgment for the defendant Fire District.

Pane v. City of Danbury, 267 Conn. 669, 680, 841 A.2d 684 (2004).  Plaintiff brought an invasion of privacy and emotional distress claim against the City of Danbury after the contents of her personnel file were released to a local newspaper under upon a Freedom of Information request.  The Court granted summary judgment and the Connecticut Supreme Court affirmed.

Malloy v. Town of Colchester, 85 Conn.App. 627, 634-35, cert. denied 272 Conn. 907, 863 A.2d 698 (2004) Plaintiff’s car struck a roaming horse, rendering the plaintiff quadriplegic.  Plaintiff sued the Town of Colchester and its animal control officer, who had received several prior complaints about the roaming horse but did not take significant enforcement action including seizure of the horse.  This suit was tried to a jury in Norwich Superior Court and resulted in a directed defense verdict, based on governmental immunity. The Connecticut Appellate Court affirmed, and the plaintiff sought certification to the Connecticut Supreme court, which was denied.

Caruso v. City of Milford, 75 Conn.App. 95, 99, 815 A.2d 167, cert. denied 263 Conn. 907, 819 A.2d 838 (2003) Plaintiff was a school student who was injured during recess, and brought a negligent supervision claim against the school system.  The court granted summary judgment based on governmental immunity, which was affirmed by the Connecticut Appellate Court.

Menon v. Frinton, 31 Fed.Appx. 735, (2d Cir. 2002) cert. denied 537 U.S. 817, 123 S.Ct. 86.  (2002).  Plaintiff brought a civil rights claim against a Danbury Police Officer for wrongful arrest and malicious prosecution.  The U.S. District court granted the defendants summary judgment motion and the plaintiff appealed.  The U.S. Court of Appeals affirmed the summary judgment for the defendant.  The plaintiff sought review by the U.S. Supreme Court, but the Court declined to hear the matter.

Tryon v. North Branford, 58 Conn.App. 702, 716-17, 755 A.2d 317 (2000) Plaintiff sued the North Branford Fire Dept after being bitten during a parade by a Dalmatian owned by the Fire Dept..  The trial court granted summary judgment based on governmental immunity, but the Appellate Court reversed, finding an issue of fact existed as to whether the identified victim exception to governmental immunity applied.

Connecticut Yankee v. Town of Haddam, 19 Fed.Appx. 21, 2001 (C.A.2 (Conn.) Plaintiff nuclear power company sued Town over right to store nuclear waste on its property.  Trial court granted the defendants Motion to Dismiss, and the U. S. Court of Appeals affirmed the dismissal.

ATC v. Town of Windham, 251 Conn. 597, 741 A.2d 305, cert. denied, 530 U.S. 1214, 120 S.Ct. 2217, 147 L.Ed.2d 249 (2000). Plaintiff sued for Due Process violation when Town seized plaintiffs property pursuant to an alias tax warrant.  Trial court entered summary judgment and Connecticut Supreme Court affirmed.  Plaintiff sought cert to the U.S. Supreme Court, which was denied.

Oygard v. Town of Coventry, 166 F.3d 1201 (2d Cir. 1998).  Plaintiff sued Town of Coventry for failure to enforce zoning regulations against her neighbor, who erected a cell tower on his property.  Plaintiff advanced a Due Process theory and court granted summary judgment.  On appeal, the U.S. Court of Appeals affirmed the judgment in favor of the defendant, and the U.S. Supreme Court denied cert.

Brown v. Town of East Haddam, 213 F.3d 625 (2d Cir. 2000).  Plaintiff sued school district when complaint was made by school to Dept. of Children & Families, pursuant to Connecticut’s mandated reporter statute, after plaintiff’s daughter was observed with bruises.  Trial court granted summary judgment and Court of Appeals affirmed

Granite State Outdoor Adver., Inc. v. Town of Orange 303 F.3d 450, 451-52 (2d Cir. 2002)  Plaintiff sought to erect several billboards on Post Road and claimed that Town’s sign regulations violated First Amendment.  Town modified its regulations and the Court granted the defense motion to dismiss for mootness.  U.S. Court of Appeals affirmed dismissal granted in favor of Town.

AvalonBay Communities, Inc v. Town of Orange, 256 Conn. 557, 775 A.2d 284 (2001) This suit stemmed from the denial by the Town of Orange of a permit to a developer that planned to build a large-scale affordable housing project.  The Town sought to condemn the property for use as a office and technology park.  Plaintiff brought suit under the Fair Housing Act violation, and for bad faith condemnation.  The case was tried to the court in New Haven Superior Court; judgment for defendant on Fair Housing Act claim, but condemnation of subject property enjoined.  On appeal to the Connecticut Supreme Court, the judgment in favor of the Town on the Fair Housing Act claim was upheld.

Binette v. Sabo, 244 Conn. 23, 48, 710 A.2d 688 (1998).  Plaintiff brought suit in U.S. District court for civil rights violation, claiming the Torrington police used excessive force during his arrest.  Plaintiff sought recovery under both the U.S. and Connecticut constitutions, and the federal court certified a question to the Connecticu5 Supreme Court whether the Connecticut Constitution allows for a private cause of action for money damages.  The Connecticut Supreme Court outlined the limited circumstances when such damages could be sought.

Pajor v. Town of Wallingford, 47 Conn.App. 365 (1997) cert. denied, 244 Conn. 917 (1998). Plaintiff was injured when he slipped on ice in front of the Wallingford Town Hall.  After a $700,000 plaintiffs verdict, Attorney Gerarde was retained to handle the appeal.  On appeal the verdict was reversed based on faulty jury instructions as to the Connecticut Defective Highway Act.

Mr. Gerarde resides in Wethersfield, Connecticut with his wife and five children.