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Poe V. Leonard

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Submitted By jang
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BACKGROUND
Because this is an appeal from the denial of a motion for summary judgment, we construe the evidence in the light most favorable to Poe, the non-moving party. See, e.g., Goldberg v. Cablevision Sys. Corp., 261 F.3d 318, 324 (2d Cir.2001).
I. Factual Background
A. The Filming of the Trooper Candidate Testing Videos
At some time during the fall of 1992, several administrative officials of the Connecticut State Police ("CSP") and the Connecticut Department of Administrative Services began to revise the testing procedures for trooper candidates at the CSP Training Academy ("police academy"). Captain Leonard, who had just assumed command of the CSP Bureau of Selections and Training,[1] supervised this ongoing project along with Dr. Martin Anderson ("Dr. Anderson"), the Chief Personnel Psychologist for the State of Connecticut. A particular focus of this project was the development 127*127 of several testing videos, designed to screen out those trooper candidates with poor observational and communicative skills. In essence, trooper candidates would be required to view a videotaped scene of a crime or other representative "real life" scenario that CSP officers typically confront and then to explain what they had observed. As originally planned, the video scenes would include a variety of circumstances: a depiction of a person driving while intoxicated, a man with a weapon who stops and robs a victim, a simple trespass, a "static" crime scene, and a scene with a distraught victim.
During this project, Leonard met with Dr. Anderson and with Pearl, who was the trooper responsible for the production of training and public service videos. Although Pearl had several supervisors at the police academy, Leonard directly supervised Pearl in connection with the testing videotape production.
Pearl, unfortunately, had a history of inappropriate or otherwise problematic

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