2002 Conn. Super. Ct. 4104 | Conn. Super. Ct. | 2002
The defendant was appointed guardian ad litem of the plaintiffs minor child in a custody case.1 The plaintiff alleges that the defendant defamed him by intentionally publishing false and damaging information about the plaintiff in order to deprive the plaintiff of visitation with his child. The plaintiff alleges that the defendant wrote a letter to the minor child's school stating that the plaintiff was not entitled to have access to his daughter's records. The plaintiff also alleges that the defendant reported to the Wallingford police department and the Family and Children's Aid of Danbury that the plaintiff had threatened another person with violence.
The plaintiff claims that his reputation has been damaged because of the alleged defamatory statements and that he has suffered emotional distress. As a result, the plaintiff is seeking compensatory and punitive damages.
On September 21, 2001, the defendant filed a motion to dismiss accompanied by two affidavits, one from the defendant and one from the secretary of the plaintiffs former attorney, along with a memorandum of law in support. On October 1, 2001, the plaintiff filed a memorandum of law in opposition.
"A motion to dismiss . . . properly attacks the jurisdiction of the court, essentially asserting that the plaintiff cannot as a matter of law and fact state a cause of action that should be heard by the court." (Emphasis in original; internal quotation marks omitted.) Gurliacci v.Mayer,
"[O]nce the question of lack of jurisdiction of a court is raised, [it] must be disposed of no matter in what form it is presented . . . and the court must fully resolve it before proceeding further with the case." (Internal quotation marks omitted.) Community Collaborative ofBridgeport, Inc. v. Ganim,
"[I]n ruling upon whether a complaint survives a motion to dismiss, a court must take the facts to be those alleged in the complaint, including those facts necessarily implied from the allegations, construing them in a manner most favorable to the pleader." (Internal quotation marks omitted.) Lawrence Brunoli, Inc. v. Branford,
The defendant moved to dismiss the plaintiffs complaint on the ground that the court lacks subject matter jurisdiction because the defendant is entitled to absolute immunity from plaintiffs claims in a defamation action.
In support of the motion, the defendant relies on federal cases and argues in her memorandum that she is entitled to absolute immunity because the duties of guardians ad litem are quasi-judicial in nature. The defendant also argues that public policy requires that absolute immunity be given to those persons who are "integrally related to the judicial process." The defendant further argues that the alleged letter written to the minor child's school was written by the defendant as a guardian ad litem on behalf of the minor child. Likewise, the alleged statements made to the police department and the Family and Children's Aid were made to protect the minor child.
In opposition to the motion, the plaintiff argues that the defendant was not acting in her role as guardian ad litem when she made the alleged defamatory statements because the alleged statements were made to persons not parties to the litigation. The plaintiff argues that the defendant CT Page 4107 stepped out of her role and overstepped her boundaries.
A guardian ad litem functions as a representative of a minor child's best interests. Schult v. Schult,
In addition, Connecticut courts have held that court appointed persons are "arms of the court" and, therefore, cannot be subjected to suit.Hartford National Bank Trust Co. v. Tucker,
Federal courts have held specifically that guardians ad litem are included in the category of persons entitled to judicial immunity. SeeCok v. Cosentino,
"The protection [of judicial immunity] extends only to those who areintimately involved in the judicial process, including judges, prosecutors and judges' law clerks. (Emphasis added.) Lombard v. EdwardJ. Peters, Jr., P.C.,
As noted above, the role of a guardian ad litem is to be the representative of the minor child's best interests. Schultz v. Schultz, supra,
Public policy requires that guardians ad litem be allowed the protection of absolute immunity because to expose them to the possibility of personal liability will deter them from acting as advocates for minor children. The Sixth Circuit reasoned that "[a] guardian ad litem must . . . be able to function without the worry of possible later harassment and intimidation from dissatisfied parents . . . A failure to grant immunity would hamper the duties of a guardian ad litem in his role as advocate for the child in judicial proceedings." Kurzawa v. Mueller,
For the foregoing reasons, the defendant's motion to dismiss is granted based on lack of subject matter jurisdiction because the defendant, as a court appointed guardian ad litem, is entitled to absolute judicial immunity.
BY THE COURT
___________________ Skolnick, J.