New Haven Suit Comes to an End

A contentious lawsuit brought by a former assistant chief in New Haven, Connecticut against several other chief officers has finally come to a conclusion. Orlando Marcano, who was the Assistant Chief of Administration, filed suit in 2019 naming Fire Chief John Alston, Assistant Chief of Operations Mark Vendetto, IAFF Local 825 Union President Frank Ricci, and an administrative assistant, Cherlyn Poindexter.

Chief Marcano alleged that the defendants were, among other things, threatening him, undermining him, and interfering with his employment forcing him to retire. New Haven Superior Court dismissed Chief Marcano’s action in 2023, prompting him to appeal. According to the New Haven Register, that appeal has been withdrawn. The Register quoted his attorney, Patricia Cofrancesco, as saying:

  • Before the appeal was briefed, Orlando Marcano, after careful consideration, and with the utmost deference to the continued toll that further litigation would have on the well-being of his family and loved ones, elected not to pursue the appeal three months ago and happily moved on with his life.

Quoting from a press release issued by Frank Ricci:

  • On August 2, 2023, Judge Robin Wilson granted summary judgment in favor of all the defendants in the matter disposing of all of Orlando Marcano’s claims against the defendants Frank Ricci, Mark Vendetto, Cherlyn Poindexter and Chief John Alston.
  • The court found that Marcano was unable to present sufficient evidence that would support his claim and that he was unable to satisfy the legal requirements of making a legitimate claim against Mr. Ricci and Mr. Vendetto.”
  • The court also found that Ms. Poindexter presented admissible evidence that she did not record Mr. Marcano’s telephone conversation and that Mr. Marcano failed to provide any admissible evidence that Ms. Pondexter illegally recording his phone conversation.
  • Mr. Marcano filed an appeal but on June 13, 2024 Marcano withdrew the appeal and agreed that he would cease pursuit of any claims against all defendants in exchange for their agreement not to pursue vexatious litigation claims against him.
  • The matter is now settled, and Mr. Ricci, Mr. Vendetto and Ms. Poindexter have been fully vindicated by Connecticut courts.
  • This lawsuit represented a weaponization of the legal system that the Judge clearly saw through this frivolous lawsuit. This is a resounding victory comes after the court threw out the case on its merits.

Here is more on the dismissal.

Here is earlier coverage:

New Haven Suit Tossed By Trial Court

About Curt Varone

Curt Varone has over 45 years of fire service experience and 35 as a practicing attorney licensed in both Rhode Island and Maine. His background includes 29 years as a career firefighter in Providence (retiring as a Deputy Assistant Chief), as well as volunteer and paid on call experience. He is the author of two books: Legal Considerations for Fire and Emergency Services, (2006, 2nd ed. 2011, 3rd ed. 2014, 4th ed. 2022) and Fire Officer's Legal Handbook (2007), and is a contributing editor for Firehouse Magazine writing the Fire Law column.
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