Denied a disability pension three months ago, a former New Canaan Police officer—in prison since last summer, after pleading guilty to cruelty to animals—this week sued the town in connection with the denial.
David Rivera, NCPD’s former K-9 officer, sustained “a service connected disability and therefore … should be granted a service connected disability pension,” according to a complaint filed on his behalf by attorney John Bochanis of Bridgeport-based Daly, Weihing & Bochanis, LLC.
The town, Board of Finance and Funded Retirement Plan are named as defendants, according to the complaint, received Jan. 14 in the Town Clerk’s office.
“Contrary to the Defendants’ basis to deny the Plaintiff’s application and subsequent appeal, the Plaintiff has not engaged in ‘fraud and dishonesty towards the Town’ as claimed by the Defendants as the basis to deny the Plaintiff’s application for disability retirement benefits,” the complaint said. “Based on the foregoing, the Plaintiff has sustained damages and will continue to sustain damages into the future based on the denial of his application for a disability pension.”
The suit doesn’t specify what Rivera’s “service connected disability” was.
Bochanis referred to the town’s basis in denying Rivera that he used his police badge to purchase explosives illegally, a factor in his criminal arrest and conviction. In denying the pension, town officials had said: “Mr. Rivera committed acts of dishonesty toward the town while employed by the town, resulting in forfeiture of pension benefits under section 16.5 of the funded retirement plan of the town of New Canaan, providing that a participant who commits any act of fraud or act of dishonesty toward the town while employed by the town may forfeit his pension benefits.”
Rivera is seeking monetary damages and “[s]uch other and further relief as in law and equity may pertain,” Bochanis said in the complaint.
Rivera pleaded guilty last April to gun and explosives charges. He also was charged with cruelty to animals—and, specifically, multiple counts for violating a law against intentionally maiming, mutilating, torturing, wounding or killing an animal.
He’s serving two years at the medium-security Osborn Correctional Institution in Somers.
The general manager and other workers at Rivera’s former Naugatuck-based canine training business shot and killed at least 10 dogs there, according to police. Alerted by state and other authorities about possible animal cruelty at Black Rock Canine Training—a facility for prospective military and police dogs, as well as for privately owned canines by individuals seeking such training— Naugatuck detectives and Animal Control officers found “that numerous canines of all ages and breeds, including German Shepherds, Belgian Malinois, and Labrador Retrievers, have been abused and injured during their time at Black Rock Canines,” according to a press release that Naugatuck PD issued in May 2022.
Rivera has additionally had a handful of legal dealings with the town. Weeks prior to his arrest, he brought an injury-related compensation grievance. In September 2022, he filed a complaint with the Commission on Human Rights and Opportunities claiming discrimination and retaliation, saying the town “constructively discharged” him that summer and wrongly failed to pay him wages and benefits.
Last April, he sued the town in connection with his claim for disability retirement. The civil lawsuit remains active in state Superior Court. The town on Aug. 26 filed a motion for dismissal. The case is scheduled for conference Feb. 10.