RETURN DATE: JULY 17, 2012 FIRE MARSHAL JAMES TORTORA VS.

THE CITY OF SHELTON BOARD OF FIRE COMMISSIONERS, ROBERT J. ARAUJO, DAVID SEKELSKY, MERLE CHASE, BRUCE KOSOWSKY JOHN FINN and JUSTIN SABATINO

: : : : : : : : : : :

SUPERIOR COURT

J.D. OF ANSONIA/MILFORD

AT MILFORD

MAY 30, 2012

COMPLAINT COUNT ONE 1. At all times mentioned herein, the plaintiff, James Tortora, was an adult resident of the City of Shelton, and was employed by the City of Shelton as Fire Marshal. The instant action is brought pursuant to the provisions of Connecticut General Statutes Section 52-592. 2. At all times referenced herein, the defendant City of Shelton Board of Fire Commissioners was a municipal board of the Fire Department responsible for the administration of that department. 3. Defendant Board of Fire Commissioners consists of a chairman appointed by the Mayor of the City of Shelton and four Commissioners, elected by each Company of the Fire Department. 4. At all times referenced herein, the defendant Robert J. Araujo was the Chairman of the defendant Board of Fire Commissioners of the City of Shelton. The

defendant is sued as an individual and in his official capacity as Chairman of the defendant Board of Fire Commissioners of the City of Shelton. 5. At all times referenced herein, the defendant David Sekelsky was a Commissioner of the defendant Board of Fire Commissioners of the City of Shelton. The defendant is sued as an individual and in his official capacity as a Commissioner of the defendant Board of Fire Commissioners of the City of Shelton. 6. At all times referenced herein, the defendant Merle Chase was a Commissioner of the defendant Board of Fire Commissioners of the City of Shelton. The defendant is sued as an individual and in his official capacity as a Commissioner of the defendant Board of Fire Commissioners of the City of Shelton. 7. At all times referenced herein, the defendant Bruce Kosowsky was a Commissioner of the defendant Board of Fire Commissioners of the City of Shelton. The defendant is sued as an individual and in his official capacity as a Commissioner of the defendant Board of Fire Commissioners of the City of Shelton. 8. At all times referenced herein, the defendant Justin Sabatino was a Commissioner of the defendant Board of Fire Commissioners of the City of Shelton. The defendant is sued in his individual and official capacities as a Commissioner of the defendant Board of Fire Commissioners of the City of Shelton. 9. At all times relevant to the instant complaint, the defendant John Finn was

an Alderman of the City of Shelton. The defendant is sued as an individual and in his official capacity as an Alderman of the City of Shelton. 10. Pursuant to the Charter of the City of Shelton and the Merit System Ordinance, the Mayor of the City of Shelton is responsible for the oversight and supervision of the Fire Marshal and the Office of the Fire Marshal. 11. The defendant Board and the individual Commissioners are not now, nor have they ever been responsible for the employment oversight and supervision of the plaintiff, nor did or do they have administrative or supervisory authority in personnel matters concerning the plaintiff. 12. Nevertheless, on numerous occasions, including, but not limited to November 21, 2006, December 12, 2006, March 6, 2007, the defendants disciplined, attempted to discipline, publicly disparaged, harassed and otherwise falsely asserted such authority over the plaintiff. These actions constitute unlawful acts as they were undertaken in violation of state and federal law. 13. Without authority to do so, the defendants took away or caused to be removed from the plaintiff job benefits and responsibilities to which the plaintiff was and remains entitled. These actions constitute unlawful acts as they were undertaken in violation of state and federal law. 14. The intent of the defendants was to cause the termination of and to disgrace the plaintiff. 3

15. To this end, the defendants demanded that the plaintiff produce time cards, when they knew that he is a salaried employee not required to keep such records, and that they had no right or authority to make such a request. 16. The defendants harassed and attempted to discipline the plaintiff for caring for his young children and having them in the Fire Marshalls automobile, when it was common practice among fire personnel occasionally to do so. The defendants knew that they had no oversight rights in this regard, and in fact did not attempt to disparage or discipline any other fire personnel for the same conduct. 17. The defendants participated in a false and malicious criminal investigation of the plaintiff, in an attempt to harass, disparage and intimidate him, and ultimately to deprive him of his employment and destroy his reputation. The statements of the defendants were made at public meetings, published to the press and in the alleged disciplinary statement to the plaintiff. These actions constitute unlawful acts as they were undertaken in violation of state and federal law, including, but not limited to defamation, violation of due process of law and malicious prosecution. 18. On or about November 21, 2006, the defendants stated that the conduct of the plaintiff constituted insubordination and that the plaintiff has a lack of safety for his two children. The statements were published in the Connecticut Post newspaper. These actions constitute unlawful acts as they were undertaken in violation of state and federal law, including, but not limited to defamation. 4

19. In a further attempt to disparage the plaintiff, the defendants have falsely and maliciously alleged that the plaintiff has not been conducting a sufficient number of fire inspections, and in other respects failing properly to do his job. These actions constitute unlawful acts as they were undertaken in violation of state and federal law, including, but not limited to defamation. 20. The defendants falsely and maliciously accused the plaintiff of causing employees of the City of Shelton the unnecessary abuse of extra work. The statements of the defendants were made at public meetings, published to the press and in the alleged disciplinary statement to the plaintiff. These actions constitute unlawful acts as they were undertaken in violation of state and federal law, including, but not limited to defamation. 21. The defendants routinely and persistently inquired into, intermeddled with, made false or misleading statements or allegations about the plaintiff, his employment and the manner in which he fulfilled the functions of his position. The statements of the defendants were made at public meetings, published to the press and in the alleged disciplinary statement to the plaintiff on numerous occasions, including, but not limited to November 21, 2006, December 12, 2006 and March 6, 2007. These actions constitute unlawful acts as they were undertaken in violation of state and federal law, including, but not limited to defamation, the tortious interference with business expectation, and violation of due process of law.

22. On or about November 25, 2006, the Commissioner further admitted that the actions of the defendants were taken against the plaintiff for political gain, and that the plaintiff had not been remiss in his duties, as the plaintiffs superiors would have brought the matter to [the defendant Boards] attention if [the plaintiff] wasnt [doing his job] and that hasnt happened. 23. On December 12, 2006, the defendants once again, in writing available to the public, unfairly questioned and scrutinized the plaintiff and the manner in which he fulfills his employment duties. The writing was addressed to Mayor Mark Lauretti and Sandra Nesteriak. These actions constitute unlawful acts as they were undertaken in violation of state and federal law, including, but not limited to defamation. 24. On or about March 6, 2007, the defendants once again unfairly and without authority scrutinized the plaintiff and the manner in which he fulfills his employment duties. These actions constitute unlawful acts as they were undertaken in violation of state and federal law, including, but not limited to defamation, the tortious interference with business expectation, and violation of due process of law. 25. In a public forum, on or about March 6, 2007, the defendants claimed that the plaintiffs Fire Marshals Activity Reports and Fire Summary just wasnt something that added up and that something doesnt make sense. The statements were recorded in the Board of Fire Commissioners Minutes of Regular Meeting of the same date, which are available to the public. These actions constitute unlawful acts as they

were undertaken in violation of state and federal law, including, but not limited to defamation, the tortious interference with business expectation, and violation of due process of law. 26. On or about March 6, 2007, the defendants decided to send a letter to the plaintiff chastising and disciplining him, without authority to do so. This action constitute an unlawful act as it was undertaken in violation of state and federal law, including, but not limited to defamation, the tortious interference with business expectation, and violation of due process of law. 27. On or about March 6, 2007, the defendants decided to send a letter of discipline to the plaintiff regarding the manner in which the plaintiff fulfilled his employment duties regarding the budget, without authority to do so. The defendants further stated that they are very displeased with the plaintiff. 28. The discipline of the plaintiff by the defendants was subsequently deemed to have been inappropriate, beyond the authority of the defendants, and in violation of the bargaining unit contract. The discipline was ordered rescinded. This action of the defendants was an unlawful violation of the bargaining unit contract. 29. Further, the defendants had engaged in such conduct prior, on, but not limited to October 24, 2006 and on prior occasion been informed that their actions were improper and without authority, by, but not limited to the Mayor of Shelton and the Corporation Counsel of Shelton.

30. After being so directed by, but not limited to the Mayor of Shelton and the Corporation Counsel of Shelton, the defendants refused to comply. 31. After being so directed, the defendants continued to engage in misconduct against the plaintiff thereafter. On one occasion, on or about March 20, 2007, the defendants stated publicly that the plaintiff was about to be arrested, and that he should be removed from the Life Honored Roll of the Fire Department. These actions are unlawful as they constitute, inter alia, a violation of the Connecticut criminal law proscribing threatening, as well as constituting defamation. 32. It has been publicly admitted by and through statements to the press by defendant Sabatino, a Commissioner of the defendant Board, that the actions of the defendants against the plaintiff area witch hunt based upon a personal vendetta against the plaintiff, spanning years. The statements were made on or about November 2, 2006 and November 26, 2006. The Commissioner admitted that the Board is being used as a driving force to get something done to satisfy the vendetta against the plaintiff. The Commissioner admitted that the defendants would do anything to discredit the plaintiff. 33. The actions of the defendants as stated herein were intentional or reckless, and involve malice, wilfulness, wantonness or the intent to injure the plaintiff. 34. The actions of the defendants as stated herein were undertaken in bad faith, and were outside of the scope of the defendants official functions and duties.

35. In the manner stated herein, two or more of the defendants combined to commit one or more criminal or unlawful acts, or one or more lawful acts by criminal or unlawful means. 36. One or more of the conspirators committed an act pursuant to the scheme and in furtherance of the object. 37. The act or acts has resulted in results in damage to the plaintiff. 38. The actions of the defendant CITY OF SHELTON BOARD OF FIRE COMMISSIONERS constitutes civil conspiracy. 39. As a direct and proximate result of the acts of the defendants, the plaintiff has suffered, continues to and will into the future suffer severe financial harm and loss, loss of employment rights, duties, obligations or benefits, severe emotional distress, loss of personal and professional reputation, humiliation, embarrassment, loss of privacy, upset, anxiety, inconvenience, physical harm, loss of property, and loss of employment opportunities. COUNT TWO 1 - 37. Paragraphs 1 through 37 of Count One are hereby made Paragraphs 1 through 37, respectively, of Count Two. 38. The actions of the defendant ROBERT J. ARAUJO constitutes civil conspiracy.

39. As a direct and proximate result of the acts of the defendants, the plaintiff has suffered, continues to and will into the future suffer severe financial harm and loss, loss of employment rights, duties, obligations or benefits, severe emotional distress, loss of personal and professional reputation, humiliation, embarrassment, loss of privacy, upset, anxiety, inconvenience, physical harm, loss of property, and loss of employment opportunities. COUNT THREE 1 - 37. Paragraphs 1 through 37 of Count One are hereby made Paragraphs 1 through 37, respectively, of Count Three. 38. The actions of the defendant DAVID SEKELSKY constitutes civil conspiracy. 39. As a direct and proximate result of the acts of the defendants, the plaintiff has suffered, continues to and will into the future suffer severe financial harm and loss, loss of employment rights, duties, obligations or benefits, severe emotional distress, loss of personal and professional reputation, humiliation, embarrassment, loss of privacy, upset, anxiety, inconvenience, physical harm, loss of property, and loss of employment opportunities. COUNT FOUR 1 - 37. Paragraphs 1 through 37 of Count One are hereby made Paragraphs 1 through 37, respectively, of Count Four. 38. The actions of the defendant MERLE CHASE constitutes civil conspiracy. 10

39. As a direct and proximate result of the acts of the defendants, the plaintiff has suffered, continues to and will into the future suffer severe financial harm and loss, loss of employment rights, duties, obligations or benefits, severe emotional distress, loss of personal and professional reputation, humiliation, embarrassment, loss of privacy, upset, anxiety, inconvenience, physical harm, loss of property, and loss of employment opportunities. COUNT FIVE 1 - 37. Paragraphs 1 through 37 of Count One are hereby made Paragraphs 1 through 37, respectively, of Count Five. 38. The actions of the defendant BRUCE KOSOWSKY constitutes civil conspiracy. 39. As a direct and proximate result of the acts of the defendants, the plaintiff has suffered, continues to and will into the future suffer severe financial harm and loss, loss of employment rights, duties, obligations or benefits, severe emotional distress, loss of personal and professional reputation, humiliation, embarrassment, loss of privacy, upset, anxiety, inconvenience, physical harm, loss of property, and loss of employment opportunities. COUNT SIX 1 - 37. Paragraphs 1 through 37 of Count One are hereby made Paragraphs 1 through 37, respectively, of Count Six. 11

38. The actions of the defendant JOHN FINN constitutes civil conspiracy. 39. As a direct and proximate result of the acts of the defendants, the plaintiff has suffered, continues to and will into the future suffer severe financial harm and loss, loss of employment rights, duties, obligations or benefits, severe emotional distress, loss of personal and professional reputation, humiliation, embarrassment, loss of privacy, upset, anxiety, inconvenience, physical harm, loss of property, and loss of employment opportunities. COUNT SEVEN 1 - 33. Paragraphs 1 through 33 of Count One are hereby made Paragraphs 1 through 33, respectively, of Count Seven. 34. The defendant CITY OF SHELTON BOARD OF FIRE COMMISSIONERS has intentionally intruded upon, physically or otherwise, the solitude, privacy or seclusion of the plaintiff, his private affairs or concerns. Specifically, the defendants have offensively investigated and intruded upon the personal life of the plaintiff as a father; have offensively investigated and intruded upon the means an manner in which the plaintiff engages in his profession; have offensively investigated and intruded upon the plaintiffs personal and professional behavior, publicly stating that such behavior was criminal; and have knowingly disclosed false, inflammatory and prejudicial personal and professional information about the plaintiff to the public, while admitting that such was done for vindictive or political motives. 12

35. The intrusions of the defendant are highly offensive to a reasonable person. 36. As a direct and proximate result of the acts of the defendants, the plaintiff has suffered, continues to and will into the future suffer severe financial harm and loss, severe emotional distress, loss of personal and professional reputation, humiliation, embarrassment, loss of privacy, upset, anxiety, inconvenience, physical harm, loss of property, and loss of employment opportunities. COUNT EIGHT 1 - 33. Paragraphs 1 through 33 of Count One are hereby made Paragraphs 1 through 33, respectively, of Count Eight. 34. The defendant ARAUJO has intentionally intruded upon, physically or otherwise, the solitude, privacy or seclusion of the plaintiff, his private affairs or concerns. Specifically, the defendants have offensively investigated and intruded upon the personal life of the plaintiff as a father; have offensively investigated and intruded upon the means an manner in which the plaintiff engages in his profession; have offensively investigated and intruded upon the plaintiffs personal and professional behavior, publicly stating that such behavior was criminal; and have knowingly disclosed false, inflammatory and prejudicial personal and professional information about the plaintiff to the public, while admitting that such was done for vindictive or political motives. 35. The intrusions of the defendant are highly offensive to a reasonable person. 13

36. As a direct and proximate result of the acts of the defendants, the plaintiff has suffered, continues to and will into the future suffer severe financial harm and loss, severe emotional distress, loss of personal and professional reputation, humiliation, embarrassment, loss of privacy, upset, anxiety, inconvenience, physical harm, loss of property, and loss of employment opportunities. COUNT NINE 1 - 33. Paragraphs 1 through 33 of Count One are hereby made Paragraphs 1 through 33, respectively, of Count Nine. 34. The defendant SEKELSKY has intentionally intruded upon, physically or otherwise, the solitude, privacy or seclusion of the plaintiff, his private affairs or concerns. Specifically, the defendants have offensively investigated and intruded upon the personal life of the plaintiff as a father; have offensively investigated and intruded upon the means an manner in which the plaintiff engages in his profession; have offensively investigated and intruded upon the plaintiffs personal and professional behavior, publicly stating that such behavior was criminal; and have knowingly disclosed false, inflammatory and prejudicial personal and professional information about the plaintiff to the public, while admitting that such was done for vindictive or political motives. 35. The intrusions of the defendant are highly offensive to a reasonable person.

14

36. As a direct and proximate result of the acts of the defendants, the plaintiff has suffered, continues to and will into the future suffer severe financial harm and loss, severe emotional distress, loss of personal and professional reputation, humiliation, embarrassment, loss of privacy, upset, anxiety, inconvenience, physical harm, loss of property, and loss of employment opportunities. COUNT TEN 1 - 33. Paragraphs 1 through 33 of Count One are hereby made Paragraphs 1 through 33, respectively, of Count Ten. 34. The defendant CHASE has intentionally intruded upon, physically or otherwise, the solitude, privacy or seclusion of the plaintiff, his private affairs or concerns. Specifically, the defendants have offensively investigated and intruded upon the personal life of the plaintiff as a father; have offensively investigated and intruded upon the means an manner in which the plaintiff engages in his profession; have offensively investigated and intruded upon the plaintiffs personal and professional behavior, publicly stating that such behavior was criminal; and have knowingly disclosed false, inflammatory and prejudicial personal and professional information about the plaintiff to the public, while admitting that such was done for vindictive or political motives. 35. The intrusions of the defendant are highly offensive to a reasonable person.

15

36. As a direct and proximate result of the acts of the defendants, the plaintiff has suffered, continues to and will into the future suffer severe financial harm and loss, severe emotional distress, loss of personal and professional reputation, humiliation, embarrassment, loss of privacy, upset, anxiety, inconvenience, physical harm, loss of property, and loss of employment opportunities. COUNT ELEVEN 1 - 33. Paragraphs 1 through 33 of Count One are hereby made Paragraphs 1 through 33, respectively, of Count Eleven. 34. The defendant KOSOWSKY has intentionally intruded upon, physically or otherwise, the solitude, privacy or seclusion of the plaintiff, his private affairs or concerns. Specifically, the defendants have offensively investigated and intruded upon the personal life of the plaintiff as a father; have offensively investigated and intruded upon the means an manner in which the plaintiff engages in his profession; have offensively investigated and intruded upon the plaintiffs personal and professional behavior, publicly stating that such behavior was criminal; and have knowingly disclosed false, inflammatory and prejudicial personal and professional information about the plaintiff to the public, while admitting that such was done for vindictive or political motives. 35. The intrusions of the defendant are highly offensive to a reasonable person.

16

36. As a direct and proximate result of the acts of the defendants, the plaintiff has suffered, continues to and will into the future suffer severe financial harm and loss, severe emotional distress, loss of personal and professional reputation, humiliation, embarrassment, loss of privacy, upset, anxiety, inconvenience, physical harm, loss of property, and loss of employment opportunities. COUNT TWELVE 1 - 33. Paragraphs 1 through 33 of Count One are hereby made Paragraphs 1 through 33, respectively, of Count Twelve. 34. The defendant FINN has intentionally intruded upon, physically or otherwise, the solitude, privacy or seclusion of the plaintiff, his private affairs or concerns. Specifically, the defendants have offensively investigated and intruded upon the personal life of the plaintiff as a father; have offensively investigated and intruded upon the means an manner in which the plaintiff engages in his profession; have offensively investigated and intruded upon the plaintiffs personal and professional behavior, publicly stating that such behavior was criminal; and have knowingly disclosed false, inflammatory and prejudicial personal and professional information about the plaintiff to the public, while admitting that such was done for vindictive or political motives. 35. The intrusions of the defendant are highly offensive to a reasonable person. 36. As a direct and proximate result of the acts of the defendants, the plaintiff has suffered, continues to and will into the future suffer severe financial harm and loss, 17

severe emotional distress, loss of personal and professional reputation, humiliation, embarrassment, loss of privacy, upset, anxiety, inconvenience, physical harm, loss of property, and loss of employment opportunities. COUNT THIRTEEN 1.-33. Paragraphs 1 - 33 of Count One are hereby made Paragraphs 1 - 33 of Count Thirteen. 34. The false light in which the plaintiff was placed would be highly offensive to a reasonable person. 35. The defendants had knowledge of or acted in reckless disregard as to the falsity of the publicized matter and the false light in which the plaintiff was placed. 36. As a direct and proximate result of the acts of the defendant CITY OF SHELTON BOARD, the plaintiff has suffered, continues to and will into the future suffer severe financial harm and loss, severe emotional distress, loss of personal and professional reputation, humiliation, embarrassment, loss of privacy, upset, anxiety, inconvenience, physical harm, loss of property, and loss of employment opportunities. COUNT FOURTEEN 1.-33. Paragraphs 1 - 33 of Count One are hereby made Paragraphs 1 - 33 of Count Fourteen. 34. The false light in which the plaintiff was placed would be highly offensive to a reasonable person. 18

35. The defendants had knowledge of or acted in reckless disregard as to the falsity of the publicized matter and the false light in which the plaintiff was placed. 36. As a direct and proximate result of the acts of the defendant ARAUJO, the plaintiff has suffered, continues to and will into the future suffer severe financial harm and loss, severe emotional distress, loss of personal and professional reputation, humiliation, embarrassment, loss of privacy, upset, anxiety, inconvenience, physical harm, loss of property, and loss of employment opportunities. COUNT FIFTEEN 1.-33. Paragraphs 1 - 33 of Count One are hereby made Paragraphs 1 - 33 of Count FIfteen. 34. The false light in which the plaintiff was placed would be highly offensive to a reasonable person. 35. The defendants had knowledge of or acted in reckless disregard as to the falsity of the publicized matter and the false light in which the plaintiff was placed. 36. As a direct and proximate result of the acts of the defendant SEKELSKY, the plaintiff has suffered, continues to and will into the future suffer severe financial harm and loss, severe emotional distress, loss of personal and professional reputation, humiliation, embarrassment, loss of privacy, upset, anxiety, inconvenience, physical harm, loss of property, and loss of employment opportunities.

19

COUNT SIXTEEN 1.-33. Paragraphs 1 - 33 of Count One are hereby made Paragraphs 1 - 33 of Count Sixteen. 34. The false light in which the plaintiff was placed would be highly offensive to a reasonable person. 35. The defendants had knowledge of or acted in reckless disregard as to the falsity of the publicized matter and the false light in which the plaintiff was placed. 36. As a direct and proximate result of the acts of the defendant CHASE, the plaintiff has suffered, continues to and will into the future suffer severe financial harm and loss, severe emotional distress, loss of personal and professional reputation, humiliation, embarrassment, loss of privacy, upset, anxiety, inconvenience, physical harm, loss of property, and loss of employment opportunities. COUNT SEVENTEEN 1.-33. Paragraphs 1 - 33 of Count One are hereby made Paragraphs 1 - 33 of Count Seventeen. 34. The false light in which the plaintiff was placed would be highly offensive to a reasonable person. 35. The defendants had knowledge of or acted in reckless disregard as to the falsity of the publicized matter and the false light in which the plaintiff was placed.

20

36. As a direct and proximate result of the acts of the defendant KOSOWSKY, the plaintiff has suffered, continues to and will into the future suffer severe financial harm and loss, severe emotional distress, loss of personal and professional reputation, humiliation, embarrassment, loss of privacy, upset, anxiety, inconvenience, physical harm, loss of property, and loss of employment opportunities. COUNT EIGHTEEN 1.-33. Paragraphs 1 - 33 of Count One are hereby made Paragraphs 1 - 33 of Count Eighteen. 34. The false light in which the plaintiff was placed would be highly offensive to a reasonable person. 35. The defendants had knowledge of or acted in reckless disregard as to the falsity of the publicized matter and the false light in which the plaintiff was placed. 36. As a direct and proximate result of the acts of the defendant FINN, the plaintiff has suffered, continues to and will into the future suffer severe financial harm and loss, severe emotional distress, loss of personal and professional reputation, humiliation, embarrassment, loss of privacy, upset, anxiety, inconvenience, physical harm, loss of property, and loss of employment opportunities. COUNT NINETEEN: 1 - 33. Paragraphs 1 through 33 of Count One are hereby made Paragraphs 1 through 33, respectively, of Count Nineteen. 21

34. The defendants published the statements referenced herein with malice, knowing that the statements were false, or in reckless disregard of the truth of the statements. The statements of the defendants as detailed in Paragraphs 18, 19, 20, 21, 25 and 31 of Count One are false, and do not constitute expressions of opinion. 35. The conduct of the defendant CITY OF SHELTON BOARD constitutes defamation. 36. As a direct and proximate result of the acts of the defendants, the plaintiff has suffered, continues to and will into the future suffer severe financial harm and loss, severe emotional distress, loss of personal and professional reputation, humiliation, embarrassment, loss of privacy, upset, anxiety, inconvenience, physical harm, loss of property, and loss of employment opportunities. COUNT TWENTY: 1 - 33. Paragraphs 1 through 33 of Count One are hereby made Paragraphs 1 through 33, respectively, of Count Twenty. 34. The defendants published the statements referenced herein with malice, knowing that the statements were false, or in reckless disregard of the truth of the statements. The statements of the defendants as detailed in Paragraphs 18, 19, 20, 21, 25 and 31 of Count One are false, and do not constitute expressions of opinion. 35. The conduct of the defendant ARAUJO constitutes defamation.

22

36. As a direct and proximate result of the acts of the defendants, the plaintiff has suffered, continues to and will into the future suffer severe financial harm and loss, severe emotional distress, loss of personal and professional reputation, humiliation, embarrassment, loss of privacy, upset, anxiety, inconvenience, physical harm, loss of property, and loss of employment opportunities. COUNT TWENTY ONE: 1 - 33. Paragraphs 1 through 33 of Count One are hereby made Paragraphs 1 through 33, respectively, of Count Twenty One. 34. The defendants published the statements referenced herein with malice, knowing that the statements were false, or in reckless disregard of the truth of the statements. The statements of the defendants as detailed in Paragraphs 18, 19, 20, 21, 25 and 31 of Count One are false, and do not constitute expressions of opinion. 35. The conduct of the defendant SEKELSKY constitutes defamation. 36. As a direct and proximate result of the acts of the defendants, the plaintiff has suffered, continues to and will into the future suffer severe financial harm and loss, severe emotional distress, loss of personal and professional reputation, humiliation, embarrassment, loss of privacy, upset, anxiety, inconvenience, physical harm, loss of property, and loss of employment opportunities.

23

COUNT TWENTY TWO: 1 - 33. Paragraphs 1 through 33 of Count One are hereby made Paragraphs 1 through 33, respectively, of Count Twenty Two. 34. The defendants published the statements referenced herein with malice, knowing that the statements were false, or in reckless disregard of the truth of the statements. The statements of the defendants as detailed in Paragraphs 18, 19, 20, 21, 25 and 31 of Count One are false, and do not constitute expressions of opinion. 35. The conduct of the defendant CHASE constitutes defamation. 36. As a direct and proximate result of the acts of the defendants, the plaintiff has suffered, continues to and will into the future suffer severe financial harm and loss, severe emotional distress, loss of personal and professional reputation, humiliation, embarrassment, loss of privacy, upset, anxiety, inconvenience, physical harm, loss of property, and loss of employment opportunities. COUNT TWENTY THREE: 1 - 33. Paragraphs 1 through 33 of Count One are hereby made Paragraphs 1 through 33, respectively, of Count Twenty Three. 34. The defendants published the statements referenced herein with malice, knowing that the statements were false, or in reckless disregard of the truth of the statements. The statements of the defendants as detailed in Paragraphs 18, 19, 20, 21, 25 and 31 of Count One are false, and do not constitute expressions of opinion. 24

35. The conduct of the defendant KOSOWSKY constitutes defamation. 36. As a direct and proximate result of the acts of the defendants, the plaintiff has suffered, continues to and will into the future suffer severe financial harm and loss, severe emotional distress, loss of personal and professional reputation, humiliation, embarrassment, loss of privacy, upset, anxiety, inconvenience, physical harm, loss of property, and loss of employment opportunities. COUNT TWENTY FOUR: 1 - 33. Paragraphs 1 through 33 of Count One are hereby made Paragraphs 1 through 33, respectively, of Count Twenty Four. 34. The defendants published the statements referenced herein with malice, knowing that the statements were false, or in reckless disregard of the truth of the statements. The statements of the defendants as detailed in Paragraphs 18, 19, 20, 21, 25 and 31 of Count One are false, and do not constitute expressions of opinion. 35. The conduct of the defendant FINN constitutes defamation. 36. As a direct and proximate result of the acts of the defendants, the plaintiff has suffered, continues to and will into the future suffer severe financial harm and loss, severe emotional distress, loss of personal and professional reputation, humiliation, embarrassment, loss of privacy, upset, anxiety, inconvenience, physical harm, loss of property, and loss of employment opportunities.

25

COUNT TWENTY FIVE 1.-33. Paragraphs 1-33 of Count One are hereby made Paragraphs 1-33 of Count Twenty Five. 34. The actions of the defendants as detailed in the foregoing paragraphs were extreme and outrageous. 35. The actions of the defendants were intentional. 36. The actions of the defendants were likely to cause emotional distress, and that emotional distress was severe. 37. The actions of the defendant CITY OF SHELTON BOARD constitutes the intentional infliction of emotional distress. 38. As a direct and proximate result of the acts of the defendants, the plaintiff has suffered, continues to and will into the future suffer severe financial harm and loss, severe emotional distress, loss of personal and professional reputation, humiliation, embarrassment, loss of privacy, upset, anxiety, inconvenience, physical harm, loss of property, and loss of employment opportunities. COUNT TWENTY SIX 1.-33. Paragraphs 1-33 of Count One are hereby made Paragraphs 1-33 of Count Twenty Six. 34. The actions of the defendants as detailed in the foregoing paragraphs were extreme and outrageous. 26

35. The actions of the defendants were intentional. 36. The actions of the defendants were likely to cause emotional distress, and that emotional distress was severe. 37. The actions of the defendant ARAUJO constitutes the intentional infliction of emotional distress. 38. As a direct and proximate result of the acts of the defendants, the plaintiff has suffered, continues to and will into the future suffer severe financial harm and loss, severe emotional distress, loss of personal and professional reputation, humiliation, embarrassment, loss of privacy, upset, anxiety, inconvenience, physical harm, loss of property, and loss of employment opportunities. COUNT TWENTY SEVEN 1.-33. Paragraphs 1-33 of Count One are hereby made Paragraphs 1-33 of Count Twenty Seven. 34. The actions of the defendants as detailed in the foregoing paragraphs were extreme and outrageous. 35. The actions of the defendants were intentional. 36. The actions of the defendants were likely to cause emotional distress, and that emotional distress was severe. 37. The actions of the defendant SEKELSKY constitutes the intentional infliction of emotional distress. 27

38. As a direct and proximate result of the acts of the defendants, the plaintiff has suffered, continues to and will into the future suffer severe financial harm and loss, severe emotional distress, loss of personal and professional reputation, humiliation, embarrassment, loss of privacy, upset, anxiety, inconvenience, physical harm, loss of property, and loss of employment opportunities. COUNT TWENTY EIGHT 1.-33. Paragraphs 1-33 of Count One are hereby made Paragraphs 1-33 of Count Twenty Eight. 34. The actions of the defendants as detailed in the foregoing paragraphs were extreme and outrageous. 35. The actions of the defendants were intentional. 36. The actions of the defendants were likely to cause emotional distress, and that emotional distress was severe. 37. The actions of the defendant CHASE constitutes the intentional infliction of emotional distress. 38. As a direct and proximate result of the acts of the defendants, the plaintiff has suffered, continues to and will into the future suffer severe financial harm and loss, severe emotional distress, loss of personal and professional reputation, humiliation, embarrassment, loss of privacy, upset, anxiety, inconvenience, physical harm, loss of property, and loss of employment opportunities. 28

COUNT TWENTY NINE 1.-33. Paragraphs 1-33 of Count One are hereby made Paragraphs 1-33 of Count Twenty Nine. 34. The actions of the defendants as detailed in the foregoing paragraphs were extreme and outrageous. 35. The actions of the defendants were intentional. 36. The actions of the defendants were likely to cause emotional distress, and that emotional distress was severe. 37. The actions of the defendant KOSOWSKY constitutes the intentional infliction of emotional distress. 38. As a direct and proximate result of the acts of the defendants, the plaintiff has suffered, continues to and will into the future suffer severe financial harm and loss, severe emotional distress, loss of personal and professional reputation, humiliation, embarrassment, loss of privacy, upset, anxiety, inconvenience, physical harm, loss of property, and loss of employment opportunities. COUNT THIRTY 1.-33. Paragraphs 1-33 of Count One are hereby made Paragraphs 1-33 of Count Thirty. 34. The actions of the defendants as detailed in the foregoing paragraphs were extreme and outrageous. 29

35. The actions of the defendants were intentional. 36. The actions of the defendants were likely to cause emotional distress, and that emotional distress was severe. 37. The actions of the defendant FINN constitutes the intentional infliction of emotional distress. 38. As a direct and proximate result of the acts of the defendants, the plaintiff has suffered, continues to and will into the future suffer severe financial harm and loss, severe emotional distress, loss of personal and professional reputation, humiliation, embarrassment, loss of privacy, upset, anxiety, inconvenience, physical harm, loss of property, and loss of employment opportunities. COUNT THIRTY ONE 1.-33. Paragraphs 1-33 of Count One are hereby made Paragraphs 1-33 of Count Thirty One. 34. At all times relevant to the instant complaint, the defendants were aware of the existence of a business relationship between the plaintiff and the City of Shelton, to wit; the position of Fire Marshal held by the plaintiff, and all of the economic and other benefits attendant thereto. 35. In the manner stated herein, the defendants intentionally interfered with the business relationship between the plaintiff and the City of Shelton. 36. As a result of defendants interference, the plaintiff has suffered actual loss. 30

37. The actions of the defendant CITY OF SHELTON BOARD constitutes the tortious interference with the plaintiffs business relationship. 38. As a direct and proximate result of the acts of the defendants, the plaintiff has suffered, continues to and will into the future suffer severe financial harm and loss, severe emotional distress, loss of personal and professional reputation, humiliation, embarrassment, loss of privacy, upset, anxiety, inconvenience, physical harm, loss of employment opportunities. COUNT THIRTY TWO 1.-33. Paragraphs 1-33 of Count One are hereby made Paragraphs 1-33 of Count Thirty Two. 34. At all times relevant to the instant complaint, the defendants were aware of the existence of a business relationship between the plaintiff and the City of Shelton, to wit; the position of Fire Marshal held by the plaintiff, and all of the economic and other benefits attendant thereto. 35. In the manner stated herein, the defendants intentionally interfered with the business relationship between the plaintiff and the City of Shelton. 36. As a result of defendants interference, the plaintiff has suffered actual loss. 37. The actions of the defendant ARAUJO constitutes the tortious interference with the plaintiffs business relationship.

31

38. As a direct and proximate result of the acts of the defendants, the plaintiff has suffered, continues to and will into the future suffer severe financial harm and loss, severe emotional distress, loss of personal and professional reputation, humiliation, embarrassment, loss of privacy, upset, anxiety, inconvenience, physical harm, loss of employment opportunities. COUNT THIRTY THREE 1.-33. Paragraphs 1-33 of Count One are hereby made Paragraphs 1-33 of Count Thirty Three. 34. At all times relevant to the instant complaint, the defendants were aware of the existence of a business relationship between the plaintiff and the City of Shelton, to wit; the position of Fire Marshal held by the plaintiff, and all of the economic and other benefits attendant thereto. 35. In the manner stated herein, the defendants intentionally interfered with the business relationship between the plaintiff and the City of Shelton. 36. As a result of defendants interference, the plaintiff has suffered actual loss. 37. The actions of the defendant SEKELSKY constitutes the tortious interference with the plaintiffs business relationship. 38. As a direct and proximate result of the acts of the defendants, the plaintiff has suffered, continues to and will into the future suffer severe financial harm and loss, severe emotional distress, loss of personal and professional reputation, humiliation, 32

embarrassment, loss of privacy, upset, anxiety, inconvenience, physical harm, loss of employment opportunities. COUNT THIRTY FOUR 1.-33. Paragraphs 1-33 of Count One are hereby made Paragraphs 1-33 of Count Thirty Four. 34. At all times relevant to the instant complaint, the defendants were aware of the existence of a business relationship between the plaintiff and the City of Shelton, to wit; the position of Fire Marshal held by the plaintiff, and all of the economic and other benefits attendant thereto. 35. In the manner stated herein, the defendants intentionally interfered with the business relationship between the plaintiff and the City of Shelton. 36. As a result of defendants interference, the plaintiff has suffered actual loss. 37. The actions of the defendant CHASE constitutes the tortious interference with the plaintiffs business relationship. 38. As a direct and proximate result of the acts of the defendants, the plaintiff has suffered, continues to and will into the future suffer severe financial harm and loss, severe emotional distress, loss of personal and professional reputation, humiliation, embarrassment, loss of privacy, upset, anxiety, inconvenience, physical harm, loss of employment opportunities.

33

COUNT THIRTY FIVE 1.-33. Paragraphs 1-33 of Count One are hereby made Paragraphs 1-33 of Count Thirty Five. 34. At all times relevant to the instant complaint, the defendants were aware of the existence of a business relationship between the plaintiff and the City of Shelton, to wit; the position of Fire Marshal held by the plaintiff, and all of the economic and other benefits attendant thereto. 35. In the manner stated herein, the defendants intentionally interfered with the business relationship between the plaintiff and the City of Shelton. 36. As a result of defendants interference, the plaintiff has suffered actual loss. 37. The actions of the defendant KOSOWSKY constitutes the tortious interference with the plaintiffs business relationship. 38. As a direct and proximate result of the acts of the defendants, the plaintiff has suffered, continues to and will into the future suffer severe financial harm and loss, severe emotional distress, loss of personal and professional reputation, humiliation, embarrassment, loss of privacy, upset, anxiety, inconvenience, physical harm, loss of employment opportunities. COUNT THIRTY SIX 1.-33. Paragraphs 1-33 of Count One are hereby made Paragraphs 1-33 of Count Thirty Six. 34

34. At all times relevant to the instant complaint, the defendants were aware of the existence of a business relationship between the plaintiff and the City of Shelton, to wit; the position of Fire Marshal held by the plaintiff, and all of the economic and other benefits attendant thereto. 35. In the manner stated herein, the defendants intentionally interfered with the business relationship between the plaintiff and the City of Shelton. 36. As a result of defendants interference, the plaintiff has suffered actual loss. 37. The actions of the defendant FINN constitutes the tortious interference with the plaintiffs business relationship. 38. As a direct and proximate result of the acts of the defendants, the plaintiff has suffered, continues to and will into the future suffer severe financial harm and loss, severe emotional distress, loss of personal and professional reputation, humiliation, embarrassment, loss of privacy, upset, anxiety, inconvenience, physical harm, loss of employment opportunities. COUNT THIRTY SEVEN 1 - 37. Paragraphs 1 through 37 of Count One are hereby made Paragraphs 1 through 37, respectively, of Count Thirty Seven. 38. The actions of the defendant JUSTIN SABATINO constitutes civil conspiracy.

35

39. As a direct and proximate result of the acts of the defendants, the plaintiff has suffered, continues to and will into the future suffer severe financial harm and loss, loss of employment rights, duties, obligations or benefits, severe emotional distress, loss of personal and professional reputation, humiliation, embarrassment, loss of privacy, upset, anxiety, inconvenience, physical harm, loss of property, and loss of employment opportunities. COUNT THIRTY EIGHT 1 - 33. Paragraphs 1 through 33 of Count One are hereby made Paragraphs 1 through 33, respectively, of Count Thirty Eight. 34. The defendant SABATINO has intentionally intruded upon, physically or otherwise, the solitude, privacy or seclusion of the plaintiff, his private affairs or concerns. Specifically, the defendants have offensively investigated and intruded upon the personal life of the plaintiff as a father; have offensively investigated and intruded upon the means an manner in which the plaintiff engages in his profession; have offensively investigated and intruded upon the plaintiffs personal and professional behavior, publicly stating that such behavior was criminal; and have knowingly disclosed false, inflammatory and prejudicial personal and professional information about the plaintiff to the public, while admitting that such was done for vindictive or political motives. 35. The intrusions of the defendant are highly offensive to a reasonable person. 36

36. As a direct and proximate result of the acts of the defendants, the plaintiff has suffered, continues to and will into the future suffer severe financial harm and loss, severe emotional distress, loss of personal and professional reputation, humiliation, embarrassment, loss of privacy, upset, anxiety, inconvenience, physical harm, loss of property, and loss of employment opportunities. COUNT THIRTY NINE 1.-33. Paragraphs 1 - 33 of Count One are hereby made Paragraphs 1 - 33 of Count Thirty Nine. 34. The false light in which the plaintiff was placed would be highly offensive to a reasonable person. 35. The defendants had knowledge of or acted in reckless disregard as to the falsity of the publicized matter and the false light in which the plaintiff was placed. 36. As a direct and proximate result of the acts of the defendant SABATINO, the plaintiff has suffered, continues to and will into the future suffer severe financial harm and loss, severe emotional distress, loss of personal and professional reputation, humiliation, embarrassment, loss of privacy, upset, anxiety, inconvenience, physical harm, loss of property, and loss of employment opportunities. COUNT FORTY: 1 - 33. Paragraphs 1 through 33 of Count One are hereby made Paragraphs 1 through 33, respectively, of Count Forty. 37

34. The defendants published the statements referenced herein with malice, knowing that the statements were false, or in reckless disregard of the truth of the statements. The statements of the defendants as detailed in Paragraphs 18, 19, 20, 21, 25 and 31 of Count One are false, and do not constitute expressions of opinion. 35. The conduct of the defendant SABATINO constitutes defamation. 36. As a direct and proximate result of the acts of the defendants, the plaintiff has suffered, continues to and will into the future suffer severe financial harm and loss, severe emotional distress, loss of personal and professional reputation, humiliation, embarrassment, loss of privacy, upset, anxiety, inconvenience, physical harm, loss of property, and loss of employment opportunities. COUNT FORTY ONE 1.-33. Paragraphs 1-33 of Count One are hereby made Paragraphs 1-33 of Count Forty One. 34. The actions of the defendants as detailed in the foregoing paragraphs were extreme and outrageous. 35. The actions of the defendants were intentional. 36. The actions of the defendants were likely to cause emotional distress, and that emotional distress was severe. 37. The actions of the defendant SABATINO constitutes the intentional infliction of emotional distress. 38

38. As a direct and proximate result of the acts of the defendants, the plaintiff has suffered, continues to and will into the future suffer severe financial harm and loss, severe emotional distress, loss of personal and professional reputation, humiliation, embarrassment, loss of privacy, upset, anxiety, inconvenience, physical harm, loss of property, and loss of employment opportunities. COUNT FORTY TWO 1.-33. Paragraphs 1-33 of Count One are hereby made Paragraphs 1-33 of Count Forty Two. 34. At all times relevant to the instant complaint, the defendants were aware of the existence of a business relationship between the plaintiff and the City of Shelton, to wit; the position of Fire Marshal held by the plaintiff, and all of the economic and other benefits attendant thereto. 35. In the manner stated herein, the defendants intentionally interfered with the business relationship between the plaintiff and the City of Shelton. 36. As a result of defendants interference, the plaintiff has suffered actual loss. 37. The actions of the defendant SABATINO constitutes the tortious interference with the plaintiffs business relationship. 38. As a direct and proximate result of the acts of the defendants, the plaintiff has suffered, continues to and will into the future suffer severe financial harm and loss, severe emotional distress, loss of personal and professional reputation, humiliation, 39

embarrassment, loss of privacy, upset, anxiety, inconvenience, physical harm, loss of employment opportunities. WHEREFORE, the plaintiff claims judgment against the defendants for compensatory damages, punitive damages, economic and non economic damages, double damages, treble damages, attorney fees, costs of this action, injunctive relief and such other damages as permitted in law and equity.

THE PLAINTIFF

BY____________________________ WILLIAM S. PALMIERI Law Offices of William S. Palmieri, L.L.C. 129 Church Street, Suite 405 New Haven, CT 06510 (203) 562-3100 (203) 909-6006 (fax) wpalmieri@hotmail.com Juris No.409481

40

RETURN DATE: JULY 17, 2012 FIRE MARSHAL JAMES TORTORA VS. THE CITY OF SHELTON BOARD OF FIRE COMMISSIONERS, ROBERT J. ARAUJO, DAVID SEKELSKY, MERLE CHASE, BRUCE KOSOWSKY JOHN FINN and JUSTIN SABATINO

: : : : : : : : : : :

SUPERIOR COURT

J.D. OF ANSONIA/MILFORD

AT MILFORD

MAY 30, 2012

PRAYER FOR RELIEF The plaintiff claims judgment against the defendants on all counts herein, exclusive of interests and costs, in an amount greater than FIFTEEN THOUSAND ($15,000.00) DOLLARS.

___________________________ WILLIAM S. PALMIERI

41