141 Conn. App. 106
Conn. App. Ct.2013Background
- Plaintiff Kevin Klemonski, now Brooklyn Macellaio, sued the University of Connecticut Health Center for monetary damages regarding mental health services provided during incarceration.
- An initial complaint was filed in August 2009; the court dismissed it, citing sovereign immunity.
- In October 2011 the plaintiff filed an amended complaint seeking monetary relief only, reiterating similar allegations.
- In December 2011 the health center moved to dismiss the amended complaint on sovereign immunity grounds, which the court granted.
- The commissioner previously barred future fee waivers for the plaintiff due to frivolous filings, asserting indigency did not excuse payment of filing fees.
- The court held the plaintiff failed to obtain authorization from the claims commissioner to sue for monetary damages and thus sovereign immunity barred the action.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether sovereign immunity bars monetary claims against the state. | Klemonski argues for an exception or waiver to permit monetary claims. | Health Center contends only the claims commissioner may authorize monetary claims against the state; immunity bars without authorization. | Sovereign immunity bars the claims absent commissioner authorization. |
| Whether the plaintiff properly proceeded through the claims commissioner. | Plaintiff contends indigency prevented access to the commissioner and filing fees, undermining his ability to obtain authorization. | Waiver authorization is a legislative prerogative; plaintiff did not obtain authorization, so the action cannot proceed. | Plaintiff did not obtain commissioner authorization; immunity applies. |
Key Cases Cited
- Martinez v. Dept. of Public Safety, 263 Conn. 74 (2003) (sovereign immunity implicates subject-matter jurisdiction; plenary review)
- Capasso Restoration, Inc. v. New Haven, 88 Conn. App. 754 (2005) (standard for reviewing dismissal and factual allegations)
- Miller v. Egan, 265 Conn. 301 (2003) (claims against the state require authorization by the claims commissioner)
- Cox v. Aiken, 278 Conn. 204 (2006) (waiver of sovereign immunity is legislative prerogative; statutory authority required)
- Perrone v. State, 122 Conn. App. 391 (2010) (limits on interference with commissioner’s waivers of sovereign immunity)