James Harnage v. Leo Arnone et al. (2012)

MEMORANDUM OF DECISION INITIAL FEE WAIVER APPLICATION DATED MAY 11, 2011 AND GRANTED JUNE 9, 2011

This memorandum relates to the fee waiver application that was filed at the commencement of this action, the interpretation of the court's ruling by the clerk's office and whether or not additional service ought to be authorized based upon the initial application.   The need for this clarification was brought to the court's attention during a status conference with the plaintiff James Harnage and the defendants on January 19, 2012.

The plaintiff, a self-represented incarcerated individual, commenced this action against the State of Connecticut Department of Corrections and named a number of individually named defendants.   The plaintiff's complaint asserts that he brings this action as a class action.   In the initial complaint he identified approximately 67 individual inmates who requested to be named plaintiffs in this action.   Mr. Harnage filed this an application for waiver of fees and sought authorization for service of process on the defendants, Leo Arnone as Commissioner of the Connecticut Department of Corrections, Anthony Coletti as warden of Corrigan Correctional Institute, Correctional Officer Iozia, Correctional Officer Fulcher, Correctional Officer Tarrant, numerous unknown officers and staff members of Corrigan Correctional, Warden Garner Correctional Institute, numerous unknown officers and staff members of Garner Correctional Institute, Warden Bridgeport Correctional Institute, numerous unknown officers and staff members of Bridgeport Correctional Institute, Warden New Haven Correctional Institute, numerous unknown officers and staff members of New Haven Correctional Institute, Warden Hartford Correctional Institute, numerous unknown officers and staff members of Hartford Correctional Institute and counselor supervisor Stowell.   On June 9, 2011 the court authorized service on just two of the defendants:  Leo Arnone and Antony Coletti.

The plaintiff's complaint is divided into four counts and generally challenges the legality of the conduct of the defendants in performing searches of the plaintiff as a pretrial prisoner and a convicted prisoner.   The plaintiff also pleads a count of negligent infliction of emotional distress.

Previously, Mr. Harnage sought to file a class action raising substantially similar issues.   In that case, the court advised Mr. Harnage that since he was not an attorney he did not have the right to file the motions for the creation of a class action.   The plaintiff attempts in this action to get around that prescription by filing one complaint on his own behalf and having 67 other inmates sign on to the complaint as co-plaintiffs.   Only one fee waiver was filed at the commencement of this action on behalf of Mr. Harnage.

Upon the return of service and the original writ the clerk's office entered into the court computer system appearances on behalf of Mr. Harnage and 66 other individual plaintiffs.   Antwan Byrd, Jack Boyko, Gaylord Salters, Edwin Vega, Jeffery Almeida, Richard Ranslow, Robert Schleich and Michael Barracliff filed separate appearance with the clerk's office as plaintiffs.   Other than Mr. Harnage, however, no other plaintiff filed the appropriate application for a waiver of fees.

Based upon this background, as only one plaintiff has filed for a fee waiver, only one individual plaintiff has properly commenced this action.   Therefore, the appearances on behalf of each of those plaintiffs other than plaintiff Harnage are ordered stricken as having improperly been entered by the clerk's office in the first place.

Second, the defendants, Arnone and Coletti, have appeared in this action and their interests are being represented by the office of the Attorney General.   The court orders that the plaintiff serve Office of the Attorney General on behalf of the remaining named defendants who are alleged to have been State employees or actors with regard to the allegations of this complaint.   The cost for this service is limited to $200 and only one true and attested copy of the complaint shall be served as to all state defendants combined.   This service shall be accomplished on or before February 29, 2012 and the appearances for the additional defendants shall be filed with the court on or before March 20, 2012.

Cosgrove, J.

Cosgrove, Emmet L., J.