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The U.S. 2nd Circuit Court of Appeals has demanded answers on accusations that low-income defendants are routinely denied arraignment and appointment of counsel at the state attorney’s office in Bantam Connecticut.
The case arises from the arrest of a man who claims that, while in court, he was denied his right to appear before a judge and enter a plea, and he was not informed that he was entitled to representation by a public defender.
On the recommendation of Magistrate Judge Donna F. Martinez, U.S. District Judge Robert N. Chatigny dismissed the suit against state prosecutors on grounds that they are immunized against such suits as “officers of the court.” The prosecutors were defended by the office of state Attorney General Richard Blumenthal. The Second Circuit upheld the dismissal and also concurred that equitable and injunctive relief was unavailable. However, in its Order, the Court expressed concern about what it called Attorney General Blumenthal's failure to address the suit's claims that low-income defendants are routinely denied the right to proper arraignment in court.
The Attorney General has until Dec. 12 to provide a detailed report on the measures that have been taken to address the questions and concerns regarding the practices of the state attorney's office in Bantam.
A 2007 lawsuit that alleges ATT violated state and federal wage and hour provisions was granted class action status on Friday by U.S. District Court Judge Janet Hall. The approval of class action status means that as many as 200 ATT employees could become a party to the lawsuit. Hall’s ruling came one week after hearing arguments by attorneys representing five current and former ATT employees who claim the company gave them manager titles in order to avoid having to pay them overtime. The lawsuit contends that despite being designated as managers, the plaintiffs weren’t given the responsibilities or duties consistent with a managerial position.