150 Conn.App. 237
Conn. App. Ct.2014Background
- Morneau filed a federal action in May 2007 alleging improper service by state marshals and related claims.
- In August 2009 Morneau filed a state action alleging overbillings by marshals, FOIA requests, and related conduct; sovereign immunity barred progress against some defendants.
- On September 8, 2009 Morneau filed a claim with the Claims Commissioner seeking permission to sue the state for damages.
- The Claims Commissioner dismissed the claim as untimely on May 21, 2010, prompting a General Assembly review under § 4-158(b).
- June 8, 2011 General Assembly Substitute Joint Resolution No. 34 vacated the dismissal and authorized Morneau to sue the state within one year.
- Morneau then filed a six-count complaint in Superior Court seeking damages and injunctive relief; the court dismissed some counts and Morneau appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the waiver of sovereign immunity covers actions not presented to the Claims Commissioner | Morneau argues the Assembly waiver extends to all asserted claims. | Defendants contend the waiver applies only to claims raised before the Claims Commissioner. | Waiver limited to claims raised before the Claims Commissioner; remaining claims dismissed. |
| Whether the Assembly resolution granting permission to sue was an unconstitutional public emolument | Morneau asserts the resolution serves the public good and thus is valid. | Defendants argue the resolution provides an exclusive private benefit to Morneau only. | Resolution was an unconstitutional public emolument; accompanying §1983 and RICO/CORA claims dismissed. |
| Whether the untimeliness of the § 1983, RICO, and CORA claims against marshals and the State Marshal Commission was properly decided | Morneau contends the claims were timely under the waiver. | Defendants maintain the claims accrued before September 8, 2008, making them untimely under § 4-148(a). | Claims untimely; the public-emolument issue does not save them. |
| Whether Kane and Murphy enjoy absolute prosecutorial immunity for not prosecuting marshals | Morneau argues lack of immunity allows § 1983 claims to proceed. | Kane and Murphy acted within prosecutorial function; not prosecuting is protected by absolute immunity. | Kane and Murphy are cloaked with absolute immunity; claim dismissed. |
| Whether Morneau lacks standing to seek injunctive relief against the State Marshal Commission | Morneau seeks to eliminate the marshal system via court order. | Plaintiff failed to show irreparable harm or absence of adequate remedy at law. | Morneau lacks standing; injunctive relief properly denied. |
Key Cases Cited
- Paragon Construction Co. v. Dept. of Public Works, 130 Conn. App. 211, 23 A.3d 732 (2011) (strict construction of sovereign-immunity waivers; limits of authorization)
- Lagassey v. State, 268 Conn. 723, 846 A.2d 831 (2004) (timing of accrual under §4-148; discovery rule for injuries)
- Bacon Construction Co. v. Dept. of Public Works, 294 Conn. 695, 987 A.2d 348 (2010) (strict construction of statutes waiving sovereign immunity)
- Chotkowski v. State, 240 Conn. 246, 690 A.2d 368 (1997) (public-purpose requirements in special acts)
- Merly v. State, 211 Conn. 199, 558 A.2d 977 (1989) (legislative action and waivers under §4-148(b))
- Miller v. Egan, 265 Conn. 301, 828 A.2d 549 (2003) (authorization prerequisite to sue the state via Claims Commissioner)