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Comm'n on Human Rights & Opportunities v. Cantillon
Factual and Procedural Background
The case involves a housing discrimination claim where the claimant was subjected to racially motivated verbal and physical harassment by a neighbor, the named defendant. The human rights referee awarded the claimant $15,000 in "garden variety" damages for emotional distress. The Appellate Court reviewed the trial court's determination regarding the application of proper legal principles in awarding these damages. The plaintiff petitioned for certification to appeal from the Appellate Court's decision.
Legal Issues Presented
- Did the Appellate Court correctly conclude that the trial court properly determined that the human rights referee applied the proper legal principles in awarding "garden variety" emotional distress damages of $15,000 against the named defendant?
Arguments of the Parties
The opinion does not contain a detailed account of the parties' legal arguments.
Table of Precedents Cited
No precedents were cited in the provided opinion.
Court's Reasoning and Analysis
The court granted certification limited to the issue of whether the Appellate Court correctly upheld the trial court’s determination that the human rights referee applied the proper legal principles in awarding emotional distress damages. The opinion does not elaborate further on the court's detailed analysis or reasoning.
Holding and Implications
The petition for certification to appeal was granted, limited to the specified issue regarding the award of emotional distress damages.
This decision allows the plaintiff to appeal the narrow question of the propriety of the legal principles applied in awarding damages for emotional distress. No new precedent was established by this order, and the direct effect is procedural, permitting further appellate review.
Michael E. Roberts, human rights attorney, in support of the petition.
The plaintiff's petition for certification to appeal from the Appellate Court, 207 Conn. App. 668, 263 A.3d 887, is granted, limited to the following issue:
"Did the Appellate Court correctly conclude that the trial court had properly determined that the human rights referee adjudicating the underlying housing discrimination claim applied the proper legal principles in awarding the claimant ‘garden variety’ damages for emotional distress in the amount of $15,000 against the named defendant, a neighbor who repeatedly subjected the claimant to racially motivated verbal and physical harassment?"
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