Back in August 2012, I reported on a new lawsuit filed by the Town of Shelton which claimed that the CHRO was improperly denying Shelton its Due Process Rights by not allowing a federal jury trial on related federal claims and by not providing for discovery.  Ultimately, it challenges Conn. Gen. Stat. Sec. 46a-58 under the Supremacy Clause of the Constitution.

What’s happened since?

Well, the case has gone through an amended complaint and a motion to dismiss, for one. Now, 14 months later, the State has filed a new motion to dismiss to challenge the complaint.

The motion raises a number of alleged deficiencies in the complaint including that the town does not have standing to challenge the constitutionality of a state statute and that the town has not alleged an injury in fact.  It goes on to raise other issues such as ripeness, mootness, and the Eleventh Amendment’s bar against such suits.

You can download the State’s motion here. 

The court has now scheduled a telephonic status conference for November 15, 2013 to discuss the case in general and Shelton’s response to this motion is now due on December 2, 2013.  Stay tuned for more developments.

Shelton v. Collins – Motion to Dismiss by CHRO