Professional Documents
Culture Documents
COURT
DISTRICT OF
CONNECTICUT
AMENDED COMPLAINT
I. JURISDICTION
The jurisdiction of this court is invoked pursuant to Title 28 U. S. C.
1331, 1343 (a) (3) and (a) (4), 2201. Jurisdiction of this court is further invoked
II. VENUE
Venue is proper in this court inasmuch as the acts alleged herein occurred
charged with, inter alia, enforcing the state statutes regarding attorneys practice
06103.
Counsel for the Statewide Grievance Committee. At all times material herein,
procedures. At all times material herein, Bowler was acting under color of law.
alia, enforcing the state statutes regarding attorney practice of law, investigating
and monitoring attorney conduct. It has an office and place of business located at
through September of 2002, and in the Second Circuit until January of 2003, with
7. 7. On or about July 9, 2002, the superior court, Skolnick J., issued an order in
practice of law, for a period of one year beginning September 1, 2002. The
a wrongful termination lawsuit that had been filed by Johnson on behalf of a former
client, Gail Dunn. The allegations of misconduct, on the part of Johnson, related to
the dismissal of Dunns complaint, by the superior court after Dunns complaint was
occurred after Johnson was no longer representing Dunn. The dismissal occurred
at a time when a second attorney, with whom Johnson had previously practiced
law, was retained by Dunn, pursuant to a written retainer agreement she executed
with this second attorney, and after the second attorney filed appearances twice
misconduct on the part of the second attorney/law firm that lead directly to the final
dismissal of Dunns lawsuit, yet Johnson was inexplicably, and solely singled out
for investigation, and eventually disciplined. Both Bar counsel and Judge Skolnick
were aware of the second attorneys involvement, yet both would not require the
suspending Johnson from the practice of law, for a period of two years, beginning
on or about November 1, 2004. The client who filed the underlying grievance,
wrongful termination claim. On the eve of settlement of his claim, Hazel decided
that he would not honor the retainer agreement that had been negotiated in his
case between himself, Johnson and the second attorney. The retainer agreement
had been forwarded to Hazel following a lengthy discussion of the details of the
underlying retainer agreement, however, neither Johnson nor the second attorney
noted that Hazel had failed to execute and return his copy to them. Hazel
complained when Johnson and the second attorney retained 25% of the settlement
proceeds as attorneys fees. The 25% fee was divided between Johnson and the
second attorney. Johnson was held responsible to reimburse the client security
fund for the entire amount, notwithstanding that legal services had actually been
performed and despite the fact that the second attorney had been permitted to
retain his portion of the settlement proceeds. The allegations of misconduct on the
part of Johnson, involved the exact misconduct on the part of a second attorney/law
firm, yet Johnson was inexplicably, and solely, singled out for investigation, and
eventually disciplined. Both Bar counsel and Judge Robaina were aware of the
second attorneys involvement, yet both failed to require the second attorney to
suspending Johnson from the practice of law, for a period of eighteen months,
termination matter which was being investigated by the EEOC. A second attorney,
was not satisfied with the progress of the EEOC complaint procedure and requested
that his complaint be released. Subsequently, Amabile had a disagreement with the
second attorney because Amabile desired the second attorney to file a complaint in
federal court, on a contingency basis. The second attorney would not agree to a
subsequently filed a complaint with the SGC falsely claiming that Johnson had not
made him aware that her license was under suspension and further claimed that
she allowed the statute of limitations to toll. The allegation of misconduct on the part
of Johnson, involved the exact same alleged misconduct on the part of the second
attorney/law firm, yet Johnson was inexplicably, and solely, singled out for
Amabile grievance was also the attorney involved in the Hazel grievance. Both Bar
counsel and Judge Lagar were aware of the second attorneys involvement, yet both
13. During the trial immediately preceding Suspension III, Johnson attempted to
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offer testimony regarding factual allegations of racially discriminatory treatment of
her leading the SGC to pursue charges of misconduct against her in the three (3)
disciplinary matters.
14. Johnson was repeatedly interrupted by the judge at the presentment hearing
15. In support of Johnsons claim that Suspensions I, II and III were racially
which complaints against Caucasian attorneys are handled (much more to their
favor) who had committed offenses that were serious violations of state law as
compared to Johnson.
16. Johnson testified, for example, about a grievance complaint that had been
filed in the fall of 2002 against Attorney Anthony Lucci, a Caucasian attorney
woman, wanted to purchase a home in West Haven. Lucci, representing the seller,
received the complainants down payment, which pursuant to state law, was
supposed to be deposited in Luccis escrow account. The transaction did not take
place due to the fact that the sellers property was found by the insurance carrier to
be uninsurable. There was extensive damage to the roof, along with other problems
with the house in question. When the complainant made a timely demand for the
return of her down payment, Lucci did not do so, having purloined the money. When
a grievance complaint was filed, the SGC sent a letter to the complainant informing
her that the complaint would be set aside so that Lucci would have time to find a
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way to repay her the money. These facts were actually stated in the written
with the State of Connecticuts Real Estate Commission. The Real Estate
Commission followed suit, refused to process the complaint and refused to respond
to inquiries regarding why the complaint was not being processed or addressed.
Johnsons sister filed suit in superior court (Docket no.CV 030473174) in January of
2003. After five months of litigation, Johnsons sisters money was returned to her
in May of 2003. Lucci notified the SGC when he returned the money and the SGC
Lucci. Upon information and belief, Lucci was never referred by the SGC for criminal
charges.
17. Johnson was disciplined for the same offenses committed by other
attorneys who worked side-by-side with her and had appearances in the cases in
question. However, these other attorneys were never questioned by the SGC, Bar
Counsel or the trial court judges and were not disciplined. Although the SGC staff
and the courts acknowledged the necessity of the presence of these other attorneys
during court proceedings, they were never required to answer for their portion of
reserved for African American attorneys by the SGC and Bar Counsel, in her
brief submitted to the trial court following the presentment hearing that
discrimination.
(e) As at the trial level, neither opposing counsel in its brief, nor the
18. Johnson applied for reinstatement on or about February 19, 2004; however
the application was denied due to the pendency of the underlying complaint relating
18. Johnson again applied for reinstatement on or about March 27, 2009, and a
19. The conditions for reinstatement that Johnson had been made aware of was
that she (1) complete a CLE course on professional responsibility, (2) take and pass
the Multistate Professional Responsibility Examination and (3) pay back a fine of
approximately $14,900.00.
20. Johnson had complied with the first two orders. As to payment of the
$14,900.00 fine, as of the date the filing of her second petition, Johnson had repaid
$9,000.00. The $14,900.00 fine that Johnson was required to re-pay included the
portion of the attorneys fees that went to her as well as the portion of the fees that
went to the second attorney. Johnson had been unable to pay the balance prior to
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filing her application due to an inability to maintain full time, gainful permanent
employment since August of 2009. Johnson, through, her counsel had reached an
agreement with the Client Security Fund to make installment payments upon her
return to work.
21. In its decision, the three judge panel accused Johnson of being unfit to return
to practice without specifying why she was unfit and found that she had intentionally
22. The panels judgment even chastised Johnson for choosing Attorney
and/or mentor. Without a factual basis, the panel questioned Millers ability to act as
mentor for Johnson even though Miller had absolutely no disciplinary history at the
time.
23. Upon information and belief, the decision to continue its discipline of Johnson
after seven (7) years of suspension was due to Johnsons race and color, and
because both Johnson and her Attorney were aggressive litigators who have chosen
24. After refiling her petition in December of 2013, Johnson was introduced by
former Chief Disciplinary Counsel Mark DuBois, to Attorney Beth Griffin of Lawyers
Concerned for Other Lawyers, in April of 2014. Johnson, at Dubois advising, sought
25. Griffin offered to seek out information regarding the judicial climate that
26. Upon meeting with Griffin in April 2014, she told Johnson that (1) she should
not wear her power to the people t- shirt while in court presenting to the judges;
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(2) upon being reinstated, Johnson should make it clear she would avoid practicing
civil rights litigation (forever) as that choice would not be received well by certain
judges and would instead engage in a safer area of practice such as bankruptcy
or real estate practice; and (3) Griffin stated that Johnson should definitely not have
Attorney Miller represent her because Miller was seen by certain judges to be highly
offensive and too aggressive. When Johnson commented that Miller has an
impressive and successful track record of litigating civil rights cases and that she
27. Upon information and belief Johnson and Miller have been targeted by the
28. Johnson remains under suspension despite the passage of fourteen (14)
years.
29. At all times material herein, Miller has been a practicing attorney, licensed to
practice in the State of Connecticut and subject to state statutes regarding attorney
conduct.
30. Miller has at various times over the past thirty-five years been admitted to
practice in the States of Michigan, Georgia and Connecticut. She has been admitted
United States District Court for the District of Connecticut, the Northern District of
Georgia, the Second Circuit Court of Appeals, the Fourth Circuit Court of Appeals,
31. During most of her thirty-seven years of practice Miller has specialized in
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employment discrimination/civil rights law. However Miller has practiced in areas
such as family and criminal law and various other types of civil litigation.
32. Miller has filed complaints in U. S. District Court for the District of Connecticut
against the Bridgeport Police Department, the Bridgeport Board of Education, and
others, alleging inter alia, race discrimination, conspiracy, and tortious interference
Counsel, 3:15cv1111; and in various state court cases alleging racial discrimination
Opportunities, HHB-CV17-6036669]
33. The intent of each of these lawsuits has been to highlight the racially
repeated refusal to pay attorney fees lawfully due her, especially in light of the fact
that Caucasian attorneys are not treated in such an illegal manner, after Miller shed
(a) Refusal to pay attorney fees to her for legal services performed while
the time period 2007 through 2009. When Cimmino retained Miller, to
Bridgeports refusal to pay the attorneys fees due Miller, was at issue
in the civil matter filed in Connecticut superior court docket nos. FBT-
however, the City of Bridgeport paid the legal fees for a Caucasian
Office of the City Attorney. Attorney Skyers stated that this no pay
list meant that Miller was an attorney with whom the Office of the City
harassment litigation was pending, a lawsuit was filed against the City
with the City. In the Connecticut superior court matter, Millers client
Millers client that while Miller won big verdicts at the trial level, she
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was likely to be reversed at the appellate level. Attorney Liskov then
were some attorneys with whom the city did not settle cases, and that
made a claim for attorney fees in the amount of $350,000 (as against
the two defendants). The trial judge refused to award Miller any
attorney fees. In its final disposition of the case, on July 29, 2013, after
taking eight months to carefully consider the issue, the trial court
denied defendants motion to set aside the verdict. However, just nine
(9) days after Miller took an appeal of the trial courts decision to deny
million jury verdict that had been obtained in favor of Millers client,
after four (4) years of appellate litigation, based upon an alleged lack
of sufficient evidence for the jury to have reached a verdict on the claim
Intentional infliction of emotional distress, all claims that the jury had
as Maurer) and the client. Maurer had initiated a civil rights claim
claiming that her firm was owed $165,000.00. The trial court found
in her claims against all defendants in that action, that Maurers law
firm in its initial handling of the initial action. For the following reasons,
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the trial courts findings were neither based on fact nor law.
distress claims.
had been sent was not admitted to practice before the federal
behalf.
doctor and primary mental health treater were not provided until
much more serious misconduct) as compared to that which has been alleged
them. By further example, on August 17, 2015, Miller filed a complaint with
misconduct when Caucasian lawyers are not. Carrasquilla and Bowler caused an
probable cause hearing that she would recommend Miller for a presentment
throughout the hearing her belief that the grievance authorities were engaged in a
witch hunt against her; upon information and belief other attorneys who
protest their belief that the grievance process was being used as a witch hunt or was
(e) Carrasquilla and one of her subordinate counsel in the OCDC sought
based upon the sole claim of a pleading violation brought to the attention of
the SCG, by Judge Meyer. At that time, Miller had no prior history of being
had been reprimanded, gone to presentment five times, and suspended three
times.
(f). On November 3, 2015, the SGC, acting through its bar counsel,
Bowler, filed a complaint against Miller based upon a referral by the Danbury
Local panel, finding probable cause for, inter alia, the alleged filing of false,
Correction (a civil rights matter pending in federal district court) and Eaddy
pending in Connecticut superior court). Both the Igidi and Eaddy complaints
client and further claimed that Miller had engaged in a crime. The grievance
in question was filed by a client who paid $2,000 retainer to Miller. who
for permission to file a late appeal after another attorney was found to have
allegedly filed the appeal late. Miller refused to refund the initial retainer, as
requested by the client because of the time spent on the appeal despite its
ultimate lack of success. The conclusion that Miller had engaged in a crime
35. Upon information and belief, Bowler acted in concert with Carrasquilla, other
staff members of the OCDC, and employees of the Connecticut Judicial Branch, to
clients.
36. Upon information and belief, Bowler and the SGC singled out for investigation
only racial discrimination complaints out of all the other types of civil matters being
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pursued by Plaintiff on behalf of clients.
37. Upon information and belief, Bowler and the SGC singled out racial
38. On August 17, 2015, Miller filed a grievance alleging that Attorney Betsy
Ingraham had orally made multiple false statements on the record before federal
39. Upon information and belief, Bowler and members of the SGC, through its
Miller from responding to the answer filed on behalf of Attorney Ingraham by stating
40. Upon information and belief, Bowler and members of the SGC, through its
inappropriately insulate Attorney Ingraham from any consequence for her false
statements.
41. Upon information and belief, Bowler and members of the SGC, through its
Attorney Ingraham from any consequence for her misconduct because she is
Caucasian.
42. On October 29, 2015, Bowler and the SGC, through its Fairfield Judicial
of misconduct against Attorney Betsy Ingraham. This finding was not properly
based on the evidence presented by Miller and as such represents a part of a pattern
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of racially discriminatory bias in favor of Caucasian attorneys who engage in
misconduct.
43. On August 17, 2015, Miller filed a grievance with Bowler and the SGC,
alleging that Assistant Attorney General Nancy Brouilett had made multiple false
of Correction.
44. On September 2, 2015, Bowler and the SGC unjustifiably refused to even
45. On September 2, 2015, Miller insisted that the grievance complaint and all
46. On December 16, 2015, Bowler and the SGC, through its Hartford Judicial
complaint of misconduct against Attorney Brouilett. This finding was not properly
based on the evidence presented by Miller and as such represents a part of a pattern
misconduct.
47. Upon information and belief, Bowler and members of the SGC, through its
Attorney Brouilett from any consequence for her false and misleading pleadings.
48. Upon information and belief, Bowler and members of the SGC, through its
Attorney Brouilett from any consequence for her misconduct because she is
Caucasian.
49. Bowler and the SGC have engaged in a pattern of applying Connecticuts
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attorney discipline rules and regulations during their investigations in a manner that
Caucasian attorneys from adhering to the same high standard, particularly when the
that Miller has made, when the misconduct is on the part of Caucasian attorneys.
By way of example:
Attorney General, who at the time was, inter alia, assigned to provide
with the EEOC or prosecute the complaint based on federal law. The
request, Miller discovered that Jordanos claims were false (i.e. that
during the time period when it had been alleged that the work sharing
complaints and forward them to the EEOC with the specific notation
statements. The Second Circuit Court of Appeals would not allow the
court. The court dismissed the matter, less than sixty (60) after the
complaint was filed and before any responsive pleading was filed.
This second time around, the trial court was not concerned or
with the record which now clearly established Jordanos clearly false
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statements. Countless other discrimination complaints, filed by other
there was no work sharing agreement were not similarly targeted for
trial or appellate court judges had any concern that Jordano knowingly
neither were any referrals made of him to the SGC or the OCDC.
a local gym on a specific date and time. Trottas purpose for the
and/or extent of his injuries. The evidence was clearly false because
at the exact date and time of the alleged trip to the gym occurred when
Plaintiffs verdict was entered. The trial court did not issue sanctions
present on the day and time in question. Harrison was waiting in the
court hallway, but Harrisons counsel had not informed her to come
Harrison in lieu of the prior attorney that Harrison became aware of the
default. A motion was then filed seeking to vacate the default on the
ground that Harrison had not been properly represented by her prior
Harrisons rights had been violated by her prior attorney. While the
court vacated the default, there was no sanction issued against Frank
Johnson, nor did the court make a referral to the SGC, or OCDC for
charges and the disposition of the criminal matter impacted the (then)
claim for approximately eight (8) days. Miller insisted that Cotter
Cotter knew that his assertion was false and ultimately was required
false representations to the court over a period of eight (8) days. The
trial never issued sanctions against Cotter, nor was Cotter ever
discipline.
Executive Director was terminated from his employment and it cost the
$1,000 fine to the agency, a reprimand, and the requirement that she
take a nine (9) hour ethics course over a three (3) year period.
this day.
Sutton told Miller that there was no other documentation, which the
OCDC had possession of, which was relied upon in pursuing the
was broader discovery than simply asking for copies of what was in
Either way, there were false representations, made during the course
expert report on the last day discovery was due, August 29, 2014.
that he had discovered the expert reports within the week preceding
was learned that the expert report, containing the two experts names,
had been in his clients possession since June 19, 2013, more than
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year earlier. Tallberg, was on notice of Plaintiffs discovery requests
Tallbergs clients for more than a year prior to their disclosure on the
admitted that they had the expert report since a month prior to the
that the document was in defendants possession for a year prior to its
report and for sanctions. Miller was required to file a second motion,
(after a two month delay) regarding the late disclosure before receiving
any response from the court. Attorney Tallberg was never sanctioned,
investigation or discipline.
sent out for copying, and that the documents would need to be
that the documents had already been copied so that there should have
OCDC or SGC.
Misconduct states that (a) A lawyer who knows that another lawyer has
attorneys misconduct made known to them by Miller, Bowler and Carrasquilla have
repeatedly violated the very rules of attorney discipline they are employed to uphold.
50. On November 3, 2015 Bowler and the SGC filed a complaint against Miller
based, inter alia, upon a referral by Judge Barbara Bellis which claimed that she had
engaged in misconduct.
Misconduct states that (b) A lawyer who knows that a judge has committed a
question as to the judges fitness for office shall inform the appropriate
authority.
authorities when they knew or should have known that such referrals were
Carrasquilla violated the spirit if not the letter of Rule 8.3 which contemplates
. (c) The referral by Judge Bellis included a claim that Miller had refused to
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make a client available for a deposition and misuse of a case flow request in
No. CV12-6031781)
(d) The referral by Judge Bellis contended that Miller had waited until day
119 before filing a motion to open judgment in a case when the Practice Book
rules permitted 120 days to file. Bowler and Carrasquilla knew or should have
known that the referred conduct was not a violation of any ethical rule yet
probable cause hearing to be held on this claim, inter alia, before being
(e) Bowler and Carrasquilla knew or should have known that Judge Bellis
referral of Miller came only after Miller had alleged racial disparity by the
judge in her brief before the Connecticut Supreme Court in the Writ of Error
on June 5, 2015.
(f) Bowler and Carrasquilla knew or should have known that the judicial
referral came after Judge Bellis had forced Miller to leave a court-ordered
deposition of her client, that was then in progress, in a federal case (Perez-
Court hearing on January 25, 2015; they knew or should have known that
Miller was instructed by the judge that she should report herself to the
the same time; they knew or should have known that there was no ethical or
committee.
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51. Bowler, the SGC, and Carrasquilla had irrefutable documentary evidence that
the attorney implicated in the documents used in support of Judge Bellis referral for
the matters stated in paragraph 50 above was not Miller, but rather another attorney
52. Despite Bowler and Carrasquillas knowledge that the referral on these
matters was based upon false evidence (i.e. implicated another Caucasian male),
they nevertheless continued with the investigation of the matter against Miller and
53. Upon information and belief, Bowler nor Carrasquilla have taken any action
to discipline the Caucasian attorney who was perpetrator of the misconduct referred
to by Judge Bellis.
54. Upon information and belief, Bowler and the SGC, acting through its Hartford
Judicial District Grievance Panel, refused to find probable cause when a grievance
was filed against Attorney Thomas Rome, a Caucasian male attorney who engaged
55. A grievance was filed against Attorney Rome by one of Millers clients,
Isabella Mensah, after Rome removed $29,000.00 from a joint account owned by
Mensah and her ex-husband. The Appellate Court ordered Rome to hold the
further ordered that Rome maintain the $29,000.00 with interest for the benefit of
Mensah and her husband. Upon demand, Rome refused to provide an accounting
for the funds despite the Appellate Court order to return such funds with interest to
SGC or its agent or Carrasquilla, the Hartford Judicial District Grievance Panel to
provide the client with any evidence that the funds were held by Attorney Rome.
57. Upon information and belief Bowler and members of the SGC, through its
Hartford Judicial District Grievance Panel, sought to insulate Attorney Rome from
misconduct by multiple other Caucasian attorneys who Miller has brought to their
59. Upon information and belief, Bowler and the SGC, acting in concert with the
OCDC and others within the Connecticut Judicial Branch, have found probable
attorneys have not been disciplined or referred for discipline when they engaged in
Miller when Caucasian attorneys have not been so disciplined, Bowler and
62. On June 23, 2017, the reviewing panel issued a decision that ordered a
63. The memorandum of decision made specific reference to evidence that had
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never been made a part of the record during the probable cause hearing.
64. Specifically, the reviewing panel had access to, and considered a purported
transcript of a court hearing that was claimed to have taken place on April 10, 2015
in which a superior court judge purported to reprimand Plaintiff and advise the
65. Connecticut Practice Book 2-35 (i). The reviewing committees record in
the case shall consist of a copy of all evidence it received or considered, including
66. The reviewing panel violated Practice Book 2-35 (i) when it examined,
67. The transcript relied upon the by the reviewing panel has never been made
a part of the official record of the underlying superior court matter, Stone v.
68. Miller was never advised at any time by the Chief Disciplinary Counsel that
reviewing panel.
69. Miller was never advised at any time by the SGCs Bar Counsel that the
panel.
70. Miller was never advised in pre-hearing Rule 7 Disclosures of any transcript.
71. Miller had specifically obtained access to all files maintained on the SGC prior
to the December 1, 2016, probable cause hearing. Access had been obtained by a
Appellate Court and has failed to complete the ordered conditions and apply for
reinstatement.
73. One basis for the probable cause hearing was a referral on December 9,
74. Part of the December 9, 2014 Order of the Appellate Court was that, after a
six (6) month period of suspension, Miller would be required to seek re-admission
to the Appellate Court and set forth conditions for such re-admission.
75. The reviewing panel found in its decision that Millers refusal to apply for re-
76. However, any information regarding whether Miller has applied for
77. An examination of the judicial website, with regard to the cases that resulted
in the Appellate Court referral, will demonstrate that there is no evidence of the
78. On or about June 19, 2017, Miller had a discussion with Chief Disciplinary
Counsel regarding her choice not to seek reinstatement at this time to practice
79. Miller specifically stated her belief that the Connecticut Appellate Court was
not amenable to her reinstatement because they wished to see her come in with her
80. Carrasquilla is the only person with contact with the SGC with whom Miller
has communicated regarding her beliefs about reinstatement to practice before the
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Appellate Court.
81. Upon information and belief, Millers refusal to seek reinstatement was
82. As the prosecuting authority in the attorney discipline process, there should
83. Any evidence obtained by the reviewing committee regarding whether Miller
has failed to apply for reinstatement was extra-judicial, outside the record, and
84. Miller was not required to apply for reinstatement if she chose not to; many
lawyers who are licensed to practice in Connecticut do not perform any appellate
work.
85. If it was prejudicial to the administration of justice for Miller to have conducted
herself in a manner that caused the Connecticut Appellate Court to suspend her, it
reinstatement.
86. Upon information and belief, the reviewing panel has engaged, along with
other disciplinary authorities, in efforts to find any basis, no matter how spurious, to
87. Although attorney disciplinary proceedings are sui generis, there are
criminal defendant does choose to testify, she cannot be compelled to admit guilt.
90. By its conclusion in the memorandum of decision that Miller did not
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acknowledge the wrongful nature of her conduct, the reviewing panel has imposed
attorney discipline process at the time of the December 1, 2016, probable cause
hearing.
93. Miller had subpoenaed two staff counsel for the Office of Disciplinary Counsel
who were involved in the investigation of claims against her and other attorneys who
94. The reviewing panel vacated the subpoenas and instructed the two attorneys
that they could leave the hearing without allowing Miller to examine the witnesses
95. Miller was not permitted by the reviewing panel to elicit testimony that would
96. Miller was not permitted to call client witnesses that were prepared to testify
in support of her.
97. On or about January 2017, one of Millers clients contacted the Hartford
superior court for the purpose of obtaining information regarding the status of her
case.
98. The client did not ask for any information regarding the status of Millers
99. However, the superior court clerk who assisted Millers client, instructed her
(the client) that she should file a grievance against Miller because Miller was
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suspended and about to be disbarred.
100. The superior court clerk then instructed Millers client that she should file a
grievance against Miller, and provided her with the telephone number for the SGC.
101. Millers client then communicated by telephone with the SGC, advising them
as she had been instructed by the superior court clerk. A staff member of the SGC
likewise informed Millers client that Miller was suspended and that she was about
to be disbarred.
102. A staff member of the grievance committee also informed Millers client that
she could file a complaint with the Client Security Fund and that she could definitely
receive a repayment of the $2,000 retainer that had been paid to Miller.
103. The staff member of the SGC with whom Millers client spoke repeatedly
stated that she should hurry up and file a grievance before Miller was disbarred so
that she would more likely receive a repayment of her money. Millers client was
urged to move quickly to file the grievance and seek return of her retainer payment,
even though there was not one shred of evidence of wrongdoing on Millers part in
handling her clients legal matter, nor was there any reason to believe that Miller had
104. The following day, Millers client went to the SGC office and met with two (2)
staff members. To the client, they appeared to be very welcoming and very happy
to see that she had come in to file a grievance against Miller. They supplied her
with forms and assisted her with completing and copying the grievance complaint
105. Although no probable cause was found as regards the essence of the clients
complaint, Miller was found not to have executed a retainer agreement in a timely
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manner with the client.
106. On or about December 1, 2014, Miller raised the claim that she was subjected
107. The Connecticut Appellate Court did not address in any way the claim of
108. Miller filed a timely writ of error with the Connecticut Supreme Court
concerning the unjustifiable and racial discriminatory discipline that had been meted
109. On or about November 13, 2015, Miller again raised the issue of racial
discrimination in the context of her writ of error to the Connecticut Supreme Court.
110. On April 5, 2016, the Connecticut Supreme Court issued a decision in the
111. While the decision acknowledged that Miller had alleged race discrimination,
the Supreme Court refused to make any finding one way or the other, with regard to
112. In its decision regarding the writ of error, the Supreme Court sought to provide
113. The Order of the Connecticut Appellate Court that referred Miller for further
of any of Millers cases other than the four cases that were then on appeal.
(1) a claim that Miller had failed to file a hearing transcript when the
transcript had in fact been filed five months earlier but under a different docket
(2) a claim that Miller had not properly filed an electronic notice of
(3) a claim that an appellants brief was not timely filed (after Miller
(4) a claim that Miller filed a frivolous appeal (when the underlying
issue involved a dismissal of her clients case when a trial court judge
before the assigned judge.[The case has now been removed from the
judicial website]
(b) Bowler and Carrasquilla knew or should have known that these
matters did not rise to the level of misconduct or a violation of any ethical
have known that Caucasian attorneys were not being referred for
conduct at the appellate court level; they knew or should have known that a
referral on such bases was for the purpose of creating a paper trail of alleged
misconduct by Miller.
Jackson v. Jackson [AC 38858] where appellant was (1) permitted to continue
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his appeal even though he was almost five months late in filing in the appellate
court, (2) did not file the appropriate pleadings even after filing in the appellate
court, (3) failed to ever order the trial transcript despite the fact that there was a
full day evidentiary hearing, (4) was given an extension of time within which to
file his brief, (5) issued a rule nisi to file his brief but still failed to file; (6) the
case was not dismissed until some two months after the passage of the rule nisi
order date.
(d) Bowler and Carrasquilla knew or should have known that the Appellate
engaged in far more serious procedural missteps than those alleged against
Miller but who were not suspended from practice before the court.
114. The Connecticut Supreme Court added language to the Order that gave post
hoc justification for the investigation by Sutton and Carrasquilla of any and all of
Millers cases.
115. The Connecticut Supreme Court violated its own rules of construction
regarding the Appellate Court order, broadening the scope of what the order
when the original order had referred only to the four matters on appeal before the
Appellate Court.
116. At the December 1, 2016, probable cause hearing, Carrasquilla and the
reviewing panel permitted evidence of the SGC investigation of Millers federal court
cases despite the fact that no federal court cases were inquired about at the
December 6, 2014 Show Cause hearing before the Appellate Court, and despite the
fact that the decision of the Connecticut Supreme Court in the writ of error never
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mentioned federal court cases.
(a) Bowler and Carrasquilla knew or should have known that the Connecticut
of Correction (Conn 2016) has said the majority begins with the conviction that
the petitioner is innocent, and only constructs its analysis after it has arrived at that
the majority should not even try to convince itself that the reader will be
precisely the type of subtle [distortion] of prejudice and bias of which Rawls
118. On July 4, 2016 Miller filed a motion for permission to file an amicus curiae
brief in the matter of Disciplinary Counsel v. Joseph Elder, SC 19698, in which Miller
addressed the disparity in attorney discipline based upon race and other prohibited
factors. The Connecticut Supreme Court denied the motion to appear as an amicus
however, the full brief and the assertions therein were filed with the court attached
to the motion so that the court was fully aware of its content.
119. Elder was referred for presentment regarding a grievance matter with
underlying events that were some eleven (11) years old, despite the fact that the
attorney discipline rules contain a six (6) year statute of limitations for filing grievance
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harsh standard and interpretation of law which was uniquely applied to Elder.
120. At the conclusion of the underlying presentment hearing, Elder was ordered
122. Elder sought, but was denied, a stay of execution of the one year suspension
123. Elder was suspended for a period from September 1, 2015 through May 2,
2017 by the time the Supreme Court reversed the decision below, during which time
egregious misconduct, was ordered to be suspended for seven (7) years by the New
York State and Federal Court, and was disbarred in the State of Maryland. However,
the State of Connecticut has withheld prohibiting her from practicing law in both state
and federal court, instead opting to impose a retroactive suspension. Even when
126. The misconduct that led to Peters-Hamlins suspension included the fact that
she:
127. Peters-Hamlin has never been suspended by the Connecticut courts, nor has
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she ever been reprimanded, nor lost a single day of legal practice. Unlike Elder,
she has never been required by the Connecticut disciplinary authorities to serve an
actual suspension of her ability to practice law in Connecticut during the time period
128. Caucasian attorney Robert Serafinowicz was suspended from the practice of
law for four months because he gave an interview to the media on the steps of the
questioning his abilities, competency and impartiality in violation of Rules 8.2(a) and
129. Serafinowicz was permitted a stay of execution of the four (4) month
130. Like Plaintiffs Johnson and Miller, Elder raised the issue of racial disparity of
Elders complaint of racial discrimination when it issued the decision in his case on
May 2, 2017.
132. The acts of defendants alleged in paragraphs 5 131 violate Johnson and
Millers rights under the due process clause of the Fourteenth Amendment to the
to which the reviewing panel has access at the time of probable cause hearings;
consolidation of complaint;
examination.
134. Johnson and Miller have been and will be damaged thereby.
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and Millers rights under the equal protection clause under the Fourteenth
authorities under circumstances when they knew or should have known that
those judicial complaints were made for the purpose of subject the African
of civil rights litigation and other legally and ethically unwarranted and
undesirable reasons.
(c) Bowler and Carrasquilla knew or should have known of the propensity
Hebert, 352 F.Appx 602, 603 (2d Cir, 2009). ln this Connecticut case, the
Connecticut. A not guilty plea was entered on his behalf even though neither
the Defendant or his attorney were present in court. It was discovered that
court records were generated, falsely indicating that the Defendant had
provide the court with a detailed report discussing what steps had been taken
134. Carrasquilla and Bowler were personally involved in the conduct of which
135. Johnson and Miller have been and will continue to be damaged thereby.
alleged herein, Carrasquilla and Bowler have interfered with Johnson and Millers
133. Carrasquilla and Bowler were personally involved in the constitutional and
statutory violations against Johnson and Miller and are not entitled to qualified
immunity.
134. Johnson and Millers rights under the fourteenth amendment and 42 U. S.
135. Johnson and Miller have been and will continue to be damaged thereby.
132. Upon information and belief, Carrasquilla and Bowler have acted in concert
with each other in the investigation of and presentation of grievances against Miller
133. By, inter alia, finding professional misconduct in the bringing of claims of
racial discrimination against Johnson and Miller, Carrasquilla and Bowler have
134. By the acts and conduct alleged in paragraphs 5 through 131 the defendants
135. The discriminatory acts and conduct alleged in paragraphs 5 through 131
against African-American attorneys such as Johnson and Miller, have remained un-
136. Carrasquilla and Bowler were personally involved in the constitutional and
statutory violations against Plaintiffs and are not entitled to qualified immunity.
135. Johnson and Millers rights under the fourteenth amendment and 42 U. S.
136. Johnson and Miller have been and will continue to be damaged thereby.
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1. Declaratory relief;
2. Compensatory damages;
5. For such other and further relief as the court deems proper.
THE PLAINTIFFS
BY: _/s/Josephine S. Miller
Josephine S. Miller, # ct27039
152 Deer Hill Avenue, Suite 302
Danbury, CT 06810
Tel: (203) 512-2795
Fax: (203) 702-5188
Email: jmillerlaw@sbcglobal.net
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