Opinion
CV065001159S
02-05-2016
Sylvester Traylor v. Bassam Awwa et al
UNPUBLISHED OPINION
MEMORANDUM OF DECISION IN RE FEE WAIVER DATED JANUARY 22, 2016
Emmet L. Cosgrove, J.
The applicant, Sylvester Traylor, applies for two fee waivers. The first is for the filing fees to file a motion to open judgment in the case of Traylor v. Awwa, Superior Court, judicial district of New London, Docket No. CV-06-5001159-S (filed June 2, 2006). The judgment in question was entered by the trial court on February 15, 2011. Traylor v. Awwa, Superior Court, judicial district of New London, Docket No. CV-06501159-S, (February 15, 2011, Parker, J.T.R.). In the second application for a waiver of fees, the applicant, Sylvester Traylor, seeks a waiver of fees and service costs to commence a new action with the named defendants being Bassam Awwa, Connecticut Behavioral Health Associates, P.C., Thomas F. Parker, and the State of Connecticut.
With regard to each of these requested waivers, the court found that the plaintiff is indigent and unable to pay but denied the application because " the applicant has repeatedly filed actions with respect to the same or similar matters . . . such filings establish an extended pattern of frivolous filings that have been without merit . . . the application sought is in connection with an action before the court that is consistent with the applicant's previous pattern of frivolous filings . . . and the granting of such application would constitute a flagrant misuse of Judicial Branch resources." General Statutes § 52-259b(c).
At the request of the applicant, a hearing on the denial of the application for a waiver of fees was held on February 2, 2016. The applicant appeared and presented additional exhibits during and after the hearing in support of his requested fee waivers. For reasons stated below, the court denies the applications for a waiver of fees.
History of the Litigation
The first case in which the applicant sued Awwa and Connecticut Behavioral Health Associates, P.C. for medical malpractice is the same case that the applicant now seeks a waiver of fees to file a motion to open the judgment. Traylor v. Awwa, Superior Court, judicial district of New London, Docket No. CV-06-5001159-S (filed June 2, 2006) (hereinafter Traylor I ). In Traylor I, the plaintiff filed a multiple-count complaint against the defendants, Awwa and his employer Connecticut Behavioral Health Associates, P.C. The first six counts of the complaint stated claims of medical malpractice and loss of consortium. These were dismissed on August 11, 2010. (Docket Entry 366.04.) The remaining counts of the complaint related to claims of spoliation of evidence and Connecticut Unfair Trade Practices Act violations (counts seven and eight). These counts were dismissed by the court on February 15, 2011. Traylor v. Awwa, Superior Court, judicial district of New London, Docket No. CV-06501159-S, (February 15, 2011, Parker, J.T.R.). The applicant perfected appeals from these decisions. See Traylor v. Awwa, AC 33038. The court file reflects that the Appellate Court dismissed the appeal of the applicant . (Docket Entry 508.50.) Thereafter, the applicant filed a petition for certification to the Supreme Court on December 29, 2011. (Docket Entry 509.00.) On January 27, 2012, the petition for certification to appeal was denied by the Supreme Court. Traylor v. Awwa, 302 Conn. 937, 28 A.3d 989 (2012). The docket entries of the court demonstrate that the plaintiffs have exhausted all direct avenues of appeal with regard to Traylor I .
While the 2006 case was pending, on May 4, 2009, the applicant filed an application for writ of mandamus, naming the State of Connecticut Superior Court as a defendant. Traylor v. State, Superior Court, judicial district of New London, Docket No. CV-09-4009523-S (filed May 4, 2009) (hereinafter Traylor I ). In this case, the applicant complained of various rulings made by several different judges of the Superior Court in the 2006 case. This action was commenced with fee waiver for the entry fee and costs. After the State filed a motion to dismiss this collateral attack on rulings of the court, the applicant sought permission to amend his action and name as additional defendants Awwa and Connecticut Behavioral Associates, P.C. The action was subsequently dismissed as to all parties. Traylor v. State, Superior Court, judicial district of New London, Docket No. CV09-4009523-S, (February 3, 2010, Parker, J.T.R.). The applicant appealed to the Appellate Court. The Appellate Court affirmed the decisions of the trial court and thus the applicant's appeal was denied. Traylor v. State, 128 Conn.App. 182, 186, 15 A.3d 1173 (2011). The applicant's petition for certification to appeal from the decision of the Appellate Court was denied by the Supreme Court on June 23, 2011. Traylor v. State, 301 Conn. 927, 22 A.3d 1276 (2011). The docket entries of the court demonstrate that the plaintiffs have exhausted all direct avenues of appeal with regard to Traylor II .
In January of 2011 the applicant filed an additional lawsuit naming Awwa, Connecticut Behavioral Health Associates, P.C., and Richard Blumenthal on behalf of the Superior Court of the State of Connecticut. There were multiple additional defendants all of whom had some alleged connection with the evidence or lack of evidence in Traylor I . This case was initially docketed in the New London Superior Court. Traylor v. Awwa, Superior Court, judicial district of New London, Docket No. CV-11-5014139-S (filed January 11, 2011). The action was removed to the United States District Court for the District of Connecticut in January of 2011 and assigned Docket No. 3:11CV00132 (AWT). The court takes judicial notice of filings in the case (hereinafter Traylor III ). The amended complaint in federal court referenced the alleged malpractice claim filed on behalf of the Estate of Roberta May Traylor and Sylvester Traylor (Traylor I ). The claims were expanded to encompass the attorneys who represented Awwa in the underlying malpractice litigation, as well as other state actors and a telemessenger service. The federal court dismissed the case as to Awwa, Connecticut Behavioral Health Associates, P.C., and all state defendants. On August 17, 2015, the federal court remanded back to state court the sole remaining claims brought by Traylor as against the defendants Robert and Neil Knowles on behalf of the Advanced Telemessaging, Inc. The remanded state law claims against Advanced Telemessaging, Inc., Robert Knowles, and Neil Knowles are pending on the Waterbury Complex Litigation Docket. Traylor v. Awwa, Superior Court, judicial district of Waterbury, Complex Litigation Docket, Docket No. X10-CV-115017225-S (filed January 11, 2011).
In November of 2011, Sylvester Traylor initiated another action. Traylor v. Gerratana, Superior Court, judicial district of Hartford, Docket No. CV-11-5035895-S (filed November 22, 2011) (Traylor IV ). In this action he named as defendants multiple state legislators, several judicial officials including Parker, J.T.R. and one private defendant, the Connecticut Medical Insurance Company. In this case; the plaintiff challenged rulings made in prior suits specifically referencing Traylor I, the constitutionality of General Statutes § 52-190a, and the legislature's failure to enact an amendment to that section of the General Statutes. The court found the legislators and judicial officials sued in their individual capacities for damages have absolute immunity from suit based upon the nature of their office and dismissed the action on the merits. Traylor v. Gerratana, Superior Court, judicial district of Hartford, Docket No. CV-11-5035895-S, (November 29, 2012, Schuman, J.).
The applicant appealed. The judgment of the trial court was affirmed by the Appellate Court. Traylor v. Gerratana, 148 Conn.App. 605, 88 A.3d 552 (2014). Upon receipt of the decision of the Appellate Court, the applicant petitioned for certification to appeal to the Supreme Court. The petition was denied on May 23, 2014. Traylor v. Gerrantana, 312 Conn. 902, 91 A.3d 908, 112 A.3d 778 and 312 Conn. 902, 91 A.3d 908, 112 A.3d 778 (2014). The court file also contains a record that the applicant petitioned the Supreme Court of the United States to review his claims. The petition was denied; Traylor v. Gerratana, 135 S.Ct. 444, 190 L.Ed.2d 336 (2014); and notice of the denial was received on November 6, 2014 in the docket records of Traylor IV . The docket entries of the court demonstrate that the plaintiffs have exhausted all direct avenues of appeal with regard to Traylor IV .
Two denials were entered on the applicant's appeal to the Supreme Court and Senator Terry Gerratana's name was spelled incorrectly in the caption.
Fee Waiver in CV-06-5021159
Against this history of litigation the court finds that the request for a fee waiver to file a motion to open must be denied. No trial court, state or federal, nor appellate court has found merit in the claims of the applicant. Specifically, the court finds the fee waiver for the filing of the motion to open is filed with respect to the same or similar issues raised in Traylor I, II, III, and IV; that these filings demonstrate an extended pattern of frivolous filings that have been without merit; that this filing is consistent with the applicant's previous pattern of frivolous filings; and that the granting of the fee waiver would constitute a flagrant misuse of Judicial Branch resources.
Fee Waiver Application Dated January 22, 2016
The second application for a fee waiver is to commence a new action by Sylvester Traylor as against the defendants, Awwa, Connecticut Behavioral Health Associates, P.C., Thomas F. Parker, and the State of Connecticut. The complaint contains five counts. Count one alleges due process and equal protection violations as to the defendants Parker and the State of Connecticut. Count two alleges fraudulent concealment as to the defendants Awwa and Connecticut Behavioral Health Associates, P.C. The allegations of the complaint reference the earlier medical malpractice action brought by Traylor and the estate of his deceased wife against the defendants for medical malpractice and other claims. The allegations also reference the conduct of the defendant Parker in his capacity as a Judge Trial Referee. Count three is styled as a Connecticut Unfair Trade Practices Act claim against the defendants Awwa and Connecticut Behavioral Health Associates, P.C. Count four allegedly asserts a " Monell claim" as to the defendants Thomas F. Parker and the State of Connecticut. Count five of the proposed complaint is styled as a claim for negligent infliction of emotional distress as to the defendants Parker, Awwa, and Connecticut Behavioral Health Associates, P.C. The conduct complained of relates to the 2006 medical malpractice case of Traylor I .
Against this history of litigation, the court again finds that the request for a fee waiver to file this new action against the named defendants, Awwa, Connecticut Behavioral Health, Parker, and the State of Connecticut should be denied pursuant to the authority of § 52-259b(c). No trial court, state or federal, nor any appellate court has found merit in the earlier claims of the applicant. This new proposed litigation relates to and flows out of the applicant's dissatisfaction with the rulings in Traylor I, II, III, and IV .
The court finds that the applicant has repeatedly filed actions with respect to the same or similar matters; that these filings demonstrate an extended pattern of frivolous filings that have been without merit; that this filing is consistent with the applicant's previous pattern of frivolous filings; and that the granting of the fee waiver would constitute a flagrant misuse of Judicial Branch resources.
The applications for a waiver of fees are denied.