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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Begley v. State, 234 Conn. App. 820 (2025)

Citation
Begley v. State, 234 Conn. App. 820 (2025)
Parent Document
Begley v. State, 234 Conn. App. 820 (2025)
Jurisdiction
Connecticut (state)
Effective Date
2025-09-02

Other Sections in This Document (38)

Full Text

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issues of material fact existed [as to the plaintiff’s claim
       that his transfer was retaliation by the defendant for
       the plaintiff’s filing of the report].’’ Following a hearing,
       the court granted the plaintiff’s motion to reargue but
       denied the relief requested in his motion. This appeal
       followed.
          We begin by setting forth the following applicable
       legal principles. ‘‘The standards governing our review
       of a trial court’s decision to grant a motion for summary
       judgment are well established. Practice Book [§ 17-49]
       provides that summary judgment shall be rendered
       forthwith if the pleadings, affidavits and any other proof
       submitted show that there is no genuine issue as to any
       material fact and that the moving party is entitled to
       judgment as a matter of law. . . . In deciding a motion
       for summary judgment, the trial court must view the
       evidence in the light most favorable to the nonmoving
       party. . . . The party seeking summary judgment has
       the burden of showing the absence of any genuine issue
       [of] material facts which, under applicable principles
       of substantive law, entitle him to a judgment as a matter
       of law . . . and the party opposing such a motion must
       provide an evidentiary foundation to demonstrate the
       existence of a genuine issue of material fact.’’ (Internal
       quotation marks omitted.) DiPietro v. Farmington
       Sports Arena, LLC, 306 Conn. 107, 115–16, 49 A.3d 951
       (2012). The standard of review of a trial court’s decision
       granting a motion for summary judgment is plenary.
       Id., 116.
          ‘‘[T]ypically [d]emonstrating a genuine issue requires
       a showing of evidentiary facts or substantial evidence
       outside the pleadings from which material facts alleged
       in the pleadings can be warrantably inferred. . . .
       Moreover, [t]o establish the existence of a material fact,
       it is not enough for the party opposing summary judg-
       ment merely to assert the existence of a disputed issue.
       . . . Such assertions are insufficient regardless of
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