Stonington — A federal Appellate Court has ruled in favor of the town in its long-running legal battle with fired highway supervisor Louis DiCesare II.

DiCesare had appealed a decision by U.S. District Court Judge Victor Bolden in 2018 to throw out DiCesare’s federal civil rights claims against the town and remanded his claims under state law back to state Superior Court for a decision.

DiCesare claims the town unlawfully terminated his employment in violation of his rights to free speech and due process and also brought claims under the federal Family and Medical Leave Act.

But in an Aug. 14 decision, the Appellate Court upheld Borden’s decision that DiCesare had not presented convincing evidence to support his claims.

This leaves DiCesare with the option of petitioning the U.S. Supreme Court to hear the case or proceed with his state law claims in state court.

“I believe Lou was wrongfully discharged and am looking forward to a trial in state court on the issues set to be heard there,” DiCesare’s attorney, Kristi Kelly of New London, said Thursday.

DiCesare sued the town, Public Works Director Barbara McKrell and former Director of Administrative Services Vin Pacileo in late 2015 in state court, after McKrell first suspended, then fired DiCesare, citing a list of expensive errors she said he made on projects, his alleged failure to review employee timesheets and produce daily planning and inspection reports and saying that he was insubordinate.

DiCesare disputed the charges, alleging McKrell began to retaliate against him after his successful effort to have his position included in a union that represents a group of town employees.

Bolden and the Appellate Court rejected DiCesare’s claims that his firing violated his First Amendment right to free speech because he had spoken out in emails about ice remediation and use of equipment by an employee and disposal of soil on private property.

They also said DiCesare's statements were made in his capacity as an employee and not a private citizen.

The Appellate Court said DiCesare has not offered evidence whether the statements in the two emails were “at least a substantial or motivating factor" in the adverse employment action.

The two courts rejected DiCesare’s claim that he was denied his rights to due process, writing that before and after his firing there were adequate opportunities to appeal his termination. The Appellate Court also found that DiCesare did not present sufficient evidence to prove that McKrell retaliated against him for using the federal Family and Medical Leave Act.

After his firing, the union representing town administrators filed three grievances on DiCesare’s behalf. First Selectwoman Danielle Chesebrough said an arbiter has rejected the grievance challenging DiCesare's firing. 

The town has spent about $455,000 in legal fees on the DiCesare matter. Chesebrough said the town's insurance carrier has been covering the costs of the federal lawsuit.

j.wojtas@theday.com