Nowacki Lawsuit Against New Canaan Dismissed

NEW CANAAN, CT —A federal judge dismissed Michael Nowacki’s lawsuit against the Town of New Canaan, 10 police officers, the Police Commission and the State of Connecticut.

Nowacki was arrested three times during 2010 on charges related to a conflict with his ex-wife and their childcare provider, according to United States District Judge Jeffrey Meyer. He was acquitted of two charges and successfully appealed two other charges.

Nowacki ran against First Selectman Robert Mallozzi in 2015 as a petitioning candidate and lost in a landslide.

The issue was whether federal courts had jurisdiction over the matter, which Meyer concluded they do not.

“I regret that plaintiff was subject in state court to criminal prosecution on charges for which he was either acquitted or that did not stand up on appeal,” Meyer wrote. “I can understand why plaintiff is upset and has sought legal recourse.”

Meyer said Nowacki could consider pursuing his claim in state courts.

The lawsuit was dismissed on grounds of state sovereign immunity and statute of limitations reasons. It was dismissed against the town because Nowacki failed to state a “Monell” claim. Nowacki claimed the town had de-facto policies that were unconstitutional.

"Plaintiff then asserts that the New Canaan Police Department had a custom of threatening citizens for exercising their First Amendment rights but offers no facts to support that claim besides the fact of his own arrest," Meyer wrote. "This single alleged violation of plaintiff’s own rights does not by itself establish the existence of a municipal policy or custom."