MOTION TO DISMISS PB 10-30 Memorandum in Support & Exhibit A

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                          DOCKET NO.: MMX-CV24-5016671-S                                :        SUPERIOR COURT

ESTEBAN HERNAIZ                                               :        J.D. OF MIDDLETOWN

vs.                                                           :        AT MIDDLESEX

JOHN CARLSON, ET AL.                                          :        APRIL 8, 2024


                MICHAEL DEPAOLO’S MOTION TO DISMISS AND/OR STRIKE

       The defendant, Cromwell Fire District EMT Michael DePaolo, respectfully moves this Court to

dismiss and/or strike the claims alleged against him by the plaintiff, Esteban Hernaiz, via pro se

complaint dated January 31, 2024.

       More particularly, absolute testimonial immunity shields DePaolo from civil liability in

connection with the fact witness testimony he offered at plaintiff’s August 2023 criminal trial.

Plaintiff’s claims are also subject to dismissal based on the prior pending action doctrine in light of

plaintiff’s prior pending federal action arisin…