Traylor v. State, 332 Conn. 789

Background

In 2006 Sylvester Traylor (self-represented) sued psychiatrist Bassam Awwa and his employer for Roberta Traylor’s suicide but initially failed to attach the § 52-190a good-faith certificate and a similar-provider opinion letter; he later obtained an opinion and amended the complaint.
The trial court eventually dismissed the medical-negligence counts because the required opinion letter was not filed at the commencement of the action under controlling precedent; remaining claims were later dismissed.
Traylor filed multiple later actions (two in 2011 and others) raising, among other claims, that § 52-190a is unconstitutional; those actions were resolved against him by federal and state courts.
In 2016 Traylor filed the present multi-defendant action (state officials and courts, Awwa defendants, and a telemessaging company) seeking declaratory relief (challenging § 52-190a) and damages; defendants moved to dismiss or for summary judgment.
The trial court granted judgment for all defendants principally on res judicata, collateral estoppel, prior-pending-action, sovereign immunity, and absolute judicial immunity grounds; Traylor did not oppose or appear at the key hearing and did not brief those threshold rulings on appeal.
On appeal Traylor argued only that § 52-190a is unconstitutional (burdens access to courts and equal protection). The Connecticut Supreme Court declined to reach that merits question because Traylor abandoned challenges to the trial court’s independent dispositive rulings by failing to brief them, and affirmed judgment for defendants.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether § 52-190a is unconstitutional (access to courts / equal protection)	Traylor: the certificate-of-merit requirement imposes substantial financial and practical barriers (costly expert review, reluctance of providers to opine), burdening access and violating equal protection and due process	Defendants: merits review is precluded because Traylor failed to challenge the trial court’s independent threshold rulings (res judicata, collateral estoppel, prior-pending-action, sovereign/judicial immunity)	Court: Did not reach merits — Traylor abandoned challenge by failing to brief or challenge dispositive alternative grounds; appeal affirmed
Whether claims were barred by res judicata / prior litigation	Traylor argued merits should be considered	Defendants: claims were or could have been litigated in prior 2011 actions and earlier proceedings	Held: Trial court’s res judicata/prior-pending-action rulings unchallenged on appeal; treated as abandoned and dispositive
Whether declaratory/injunctive relief against the state is barred by sovereign immunity	Traylor contended constitutional injury; sought declaratory relief	State: sovereign immunity bars money claims and declaratory relief absent substantial constitutional claim or statutory waiver; collateral estoppel also applies	Held: Although court noted some pleading arguably sufficient on standing, Traylor failed to challenge other sovereign-immunity/collateral-estoppel bases; dismissal stands
Whether claims against judges are barred by absolute judicial immunity	Traylor attacked judicial conduct	Judges/State: absolute judicial immunity bars suits for judicial acts; separation-of-powers concerns	Held: Trial court’s immunity rulings unchallenged on appeal; those grounds stand and support affirmance

Key Cases Cited

Bennett v. New Milford Hospital, Inc., 300 Conn. 1 (Conn. 2011) (discussed viability of requirement that opinion letter be filed at commencement)
Columbia Air Servs., Inc. v. Dept. of Transportation, 293 Conn. 342 (Conn. 2009) (outlines exceptions to sovereign immunity for declaratory/injunctive relief)
Sousa v. Sousa, 322 Conn. 757 (Conn. 2016) (rules against collateral attack on final judgments; direct appeal required)
Connecticut Light & Power Co. v. Gilmore, 289 Conn. 88 (Conn. 2008) (issues inadequately briefed are abandoned)
Middlebury v. Connecticut Siting Council, 326 Conn. 40 (Conn. 2017) (unchallenged alternative grounds render appeal moot)
Doe v. Hartford Roman Catholic Diocesan Corp., 317 Conn. 357 (Conn. 2015) (unchallenged alternative grounds support affirmance)
Lohnes v. Hospital of Saint Raphael, 132 Conn. App. 68 (Conn. App. 2011) (previous Appellate Court rejection of similar constitutional challenge to § 52-190a)