By Thane Grauel

WESTPORT — A federal judge in New Haven has ruled that a lawsuit brought by the Westport-Weston Health District’s former clinical director can proceed.

The suit, filed Aug. 2, 2021, by Louis D’Onofrio against the health district and Director Mark Cooper, survived a motion to dismiss by the defendant. 

But the ruling was mixed. While Judge Jeffrey Alker Meyer decided that some allegations brought by D’Onofrio could move forward, others could not.

D’Onofrio had been clinical director for the Westport-Weston Health District, which has since been renamed the Aspetuck Health District after a third town, Easton, joined the multi-town agency based on Bayberry Lane.

Allegations against health district

D’Onofrio quit his job at the district in July 2021 after he made complaints about working conditions, which he said included rodent droppings in the aged building and how he was treated after inquiring about some $70,000 in missing funds.

He subsequently ran as the selectman candidate on the Libertarian Party ticket last fall, using his candidacy to press his concerns about the health district.

In his federal suit he alleged his right to free speech, under the U.S. Constitution and state law, was violated when he was retaliated against (he said he was denied a bonus) and, in effect, fired because he quit because of working conditions. 

The judge’s decision dissected each count of the lawsuit, part by part, and cited numerous previous state and federal court decisions in allowing or disallowing complaints.

Lawsuit moving forward, with limited scope

The findings were mixed.

“Counts One and Two may proceed only with respect to D’Onofrio’s speech about the allegedly missing money and not with respect to the other speech mentioned in the complaint,” Meyer wrote. “Counts Two and Three may proceed only on a theory of wrongful discipline and not a theory of wrongful discharge.”

While the defendants had argued that D’Onofrio was not entitled to say what he wanted because he was an employee, the judge said that the allegations of possible missing money were outside his purview.

“If D’Onofrio’s allegations are true, then long before 2019, Second Circuit and Supreme Court precedent confirmed quite specifically that his speech was protected,” Mayer wrote. “By 2019, it was clearly established that someone who speaks to the police about a matter outside his job duties is speaking as a citizen.”

Some counts were dismissed “without prejudice,” but the Fourth Count — D’Onofrio’s complaint that he was in effect discharged — was dismissed with prejudice, meaning D’Onofrio cannot file that count again.

“I’m happy the case is moving forward,” said D’Onofrio, who now has a primary care practice in Bridgeport. “I just want to see justice served.”

The health district and Cooper had sought to have all the counts dismissed, so it’s likely a disappointment. 

Cooper did not return a call for comment. 

“We can’t comment due to pending litigation,” said Michael John Spagnola of Ford and Harrison, a Hartford-based law firm representing Cooper and the Health District. 

“I’m happy the case is moving forward,” said D’Onofrio, who now runs a doctor of nursing practice in Bridgeport. “I just want to see justice served.”

Josephine S. Miller, the Danbury lawyer representing D’Onofrio, said she was still going over the decision on the motion to dismiss.

“The case obviously is going to be going forward in large part,” she said.

“And we do have the opportunity to amend, to take care of some of the deficiencies that the judge noted so obviously we will be doing that,” Miller added.

Asked when the case might have a trial date, she said it would be some time.

“These things can languish some time,” she said. “We’re still in the process of discovery.”

Thane Grauel is a freelance writer and frequent contributor to Westport Journal. Learn more about us here.