DePietro v. Department of Public Safety
11 A.3d 1149
| Conn. App. Ct. | 2011Background
- DePietro, a Bridgeport police officer, acted as a special state police officer on the statewide firearms trafficking task force under §§ 29-177, 29-178 and was injured while driving a state-owned vehicle in 2001.
- Plaintiff sought monetary damages against the Department of Public Safety (state) for underinsured motorist benefits after receiving $25,000 from the at-fault driver.
- He alleged he was insured under the state self-insurance policy for UM benefits and that the vehicle he operated was insured for UM benefits.
- Plaintiff filed a claim with the claims commissioner in 2004 under chapter 53 (§§ 4-141 to 4-165); he did not appeal to the General Assembly under § 4-158.
- Defendant moved to dismiss on sovereign immunity grounds in 2007 and the trial court granted the motion in 2008; this appeal followed.
- Court affirmed dismissal, holding plaintiff failed to show a statutory waiver of sovereign immunity or commissioner authorization; the claims commissioner’s ruling record was absent and the union grievance did not confer jurisdiction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether sovereign immunity barred the monetary-damages claim | DePietro argues § 29-178 provides a statutory waiver. | State asserts no waiver exists; immunity requires authorization. | Sovereign immunity barred the action; no statutory waiver shown. |
| Whether § 29-178 authorizes a direct monetary-damages suit against the state | § 29-178 gives the plaintiff the same powers as a state police officer; waiver. | No clear statutory waiver via § 29-178; plaintiff not a regular officer; immunity applies. | Not established; § 29-178 does not constitute a clear waiver for this plaintiff. |
| Whether the plaintiff needed authorization from the claims commissioner | Waiver could come through § 29-178; commissioner permission unnecessary. | Monetary suits against the state require commissioner authorization. | Plaintiff failed to obtain commissioner authorization; dismissal proper. |
| Whether exhaustion of union grievance procedures affected jurisdiction | Grievance submitted; could confer jurisdiction. | Grievance process does not waive sovereign immunity; improper vehicle for monetary damages. | Grievance exhaustion did not confer subject-matter jurisdiction; improper basis for suit. |
| Whether the record before the appellate court was adequate to review | Record included admissions by defendant; record sufficient. | No record of claims commissioner ruling; jurisdiction cannot be assumed. | Record incomplete; court properly dismissed for lack of jurisdiction. |
Key Cases Cited
- Envirotest Systems Corp. v. Commissioner of Motor Vehicles, 293 Conn. 382 (2009) (strong presumption of immunity; waiver requires express/necessary implication)
- Miller v. Egan, 265 Conn. 301 (2003) (plaintiff must obtain authorization to sue the state for monetary damages)
- C.R. Klewin Northeast, LLC v. Fleming, 284 Conn. 250 (2007) (burden on plaintiff to show statutory waiver of immunity)
- Columbia Air Services, Inc. v. Dept. of Transportation, 293 Conn. 342 (2009) (waiver must be explicit or necessary by implication)
- Martinez v. Dept. of Public Safety, 263 Conn. 74 (2003) (sovereign immunity implicates subject-matter jurisdiction; review is plenary)