RETURN DATE: JUNE 13, 2017 : SUPERIOR COURT STEVEN P. CROWLEY : J.D. OF NEW LONDON VS. : AT NEW LONDON CITY OF NEW LONDON and MICHAEL PASSERO, MAYOR : APRIL 11, 2017 COMPLAINT Count One: (Breach of contract) 1. The Plaintiff, Steven Crowley, is a citizen of Connecticut, residing at 10 Cove View Road, New London, Connecticut, 06320. His date of birth is August 14, 1955. 2. The Defendant, City of New London, is a Connecticut Municipality with a business address of 181 State Street, New London, Connecticut, 06320. 3. The Defendant, Michael Passero, is the Mayor of the City of New London and it’s Chief Executive Officer. 4. The plaintiff was a New London Police Officer who retired as Captain in June of 2015. 5. As a result of the Plaintiff’s distinguished service to the City and his accomplishments, he was promoted through the ranks and attained the rank of Captain in 2008. 6. As part of the Defendant City of New London’s plan to reorganize the management of the Police Department, the City of New HORGAN LAW OFFICES Attorneys at Law 111 Huntington Street * New London, CT 06320 * (860) 442-9099 * Juris No. 407892 London, through it’s then Chief of Police, Chief Ackley, entered into negotiations with Captain Dittman and Captain Lacey that essentially provided them additional benefits that they would not ordinarily be entitled to receive if they would prematurely retire. These negotiations occurred in the later part of 2011 and involved Bernadette Welch, Officer Todd Lynch and Counsel Brian Estep. 7. As a consequence of the above negotiations, agreements with Captains Dittman and Lacey were reached wherein they both received large sums of money and medical coverage benefits leaving Captain Crowley as the only remaining Captain with the New London Police Department at the time. 8. Upon reaching the agreements with Dittman and Lacey, the Plaintiff received a telephone call from Chief Ackley on or about January of 2012 asking the Plaintiff to continue employment as a Captain of the New London Police Department in exchange for receiving full medical coverage paid in full by the City of New London upon his retirement and he would waive his Union rights to file a grievance against the City of New London for the disparate treatment he received vis a vis the other two Captains. 9. Having been made that offer by Chief Ackley with consent by Bernadette Welch and Counsel Estep, the Plaintiff agreed to remain a Captain of the New London Police Department and informed Officer HORGAN LAW OFFICES Attorneys at Law 111 Huntington Street * New London, CT 06320 * (860) 442-9099 * Juris No. 407892 Todd Lynch, the union representative at the time, to not file a grievance against the City of New London. 10. The Plaintiff continued to fulfill his employment obligations as Captain of the New London Police Department until his retirement in June of 2015. Thereafter, he applied for single medical coverage through the City of New London and was forced to pay his share of premium cost thereby suffering an economic loss. By such actions, the Defendants have breached the material terms of the agreement and continue that breach by not enforcing said agreement. The defendant, Michael Passero failed to enforce the agreement to the Plaintiff’s detriment. 11. As a direct and proximate result of the Defendant’s conduct, the Plaintiff suffered and continues to suffer the loss of benefits provided under the oral agreement as referenced above as well as mental anguish and emotional distress. Count Two: (Breach of the Implied Covenant of Good Faith and Fair Dealing) 1. Paragraphs “1 through 11” are hereby repeated and re- alleged and made part of Count Two. 12. The Defendants breached the above referenced agreement with the Plaintiff concerning his medical coverage he would receive upon retirement. HORGAN LAW OFFICES Attorneys at Law 111 Huntington Street * New London, CT 06320 * (860) 442-9099 * Juris No. 407892 13. In so doing, the Defendants were motivated by an interested, bad faith or sinister purpose. 14. Defendants conduct constituted a breach of the covenant of good faith and fair dealing implied in all contracts. 15. As a result of the forgoing breach of the covenant of good faith and fair dealing, the Plaintiff has suffered and continues to suffer economic losses and mental anguish and emotional distress. Count Three: (Promissory Estoppel) 1. Paragraphs “1 through 11” of the Second Count are hereby and re-alleged and made part of Count Three. 12. In executing the above referenced agreement, the Defendants made a clear and definite promise to the Plaintiff that he would receive the benefits of the agreement. 13. The Defendants reasonably should have expected the Plaintiff to rely upon that promise and the Plaintiff reasonably upon that promise forgoing filing his rights to file a grievance. The Defendant’s promise as stated induced the Plaintiff to perform his obligation and remain employed as a Captain of the New London Police Department and waived his right to file a grievance changeling the other Captains severance agreement as it related to the Plaintiff. 14. As a result of the forgoing breach, the Plaintiff has suffered and continues to suffer economic losses and mental anguish and emotional distress. HORGAN LAW OFFICES Attorneys at Law 111 Huntington Street * New London, CT 06320 * (860) 442-9099 * Juris No. 407892 15. Injustice can be avoided only by enforcement of the Defendants’ promise as stated in the agreement. HORGAN LAW OFFICES Attorneys at Law 111 Huntington Street * New London, CT 06320 * (860) 442-9099 * Juris No. 407892 WHEREFORE, the plaintiffs claim fair, just and reasonable money damages; THE PLAINTIFF By: DANIEL J. HORGAN HORGAN LAW OFFICES HIS ATTORNEYS HORGAN LAW OFFICES Attorneys at Law 111 Huntington Street * New London, CT 06320 * (860) 442-9099 * Juris No. 407892