192 Conn. 460 | Conn. | 1984
The plaintiff, Stanley Y. Tucker, litigated this action in a four-count substituted complaint against Edward C. Maher, commissioner of income maintenance, and Sonia Brown.
After a trial to the court, it found for the defendants on all the issues. It dismissed the case as to the defendant Brown, concluding that because there had been no service of process upon her, and she had not appeared in the case or participated in the trial, it had no jurisdiction over her.
Regarding the third and fourth counts, Maher interposed a special defense of lack of jurisdiction to give declaratory relief claiming that all persons having an interest in the subject matter of the complaint were not parties to the action or were not given reasonable notice of it in compliance with Practice Book § 390 (d) and General Statutes § 4-175.
On the other hand, the defendant argues that the evidence which the plaintiff introduced, i.e., the mailings
Even assuming without deciding that Maher’s “order” to his departmental employees was, in effect, a “regulation or order” of his agency under the Uniform Administrative Procedure Act, and even assuming, without deciding, that the plaintiff complied with General Statutes § 4-176, we agree with the defendant’s claim that the plaintiff has not complied with the mandate of Practice Book § 390 (d). “Section 390 (d) requires that all persons having an interest in the subject matter of the complaint be parties to the action
In oral argument before us, the plaintiff also claimed that § 390 (d) was not a bar to declaratory judgment relief because his right to that relief was “derivative,” i.e., it came from his tenants whose rents he had the right to receive directly. He maintained that his “derivative” right precluded the necessity that the one from which the right was derived, i.e., the tenant, need be a party (or have reasonable notice) and, therefore, § 390 (d) was inapplicable. The authority cited by him for this claim is Stavola v. Palmer, 136 Conn. 670, 78 A.2d 831 (1950). This claim is wide of the mark. Stavola was a wrongful death action which concerned the right of an employer to reimbursement of workers’ compensation which he had become obligated to pay and, inter alia, raised the question whether the employer’s action was maintainable without citing in the personal representative of the deceased employee as a party. Stavola v. Palmer, supra, 672. There we said that it was “clear that [the statute involved] does not require an employer starting such an action to join the employee or the employee’s personal representative as a party.” Id.,
There is no error as to the second count; there is error as to the third and fourth counts and the judgment is set aside and the case is remanded with direction to dismiss the third and fourth counts for lack of jurisdiction.
The plaintiff alleged in the first count that Sonia Brown, a state welfare recipient, was a former tenant of his in Torrington who owed him rent for certain named months in 1976, that his demands for direct payment of the rent for Brown from the state welfare department under General Statutes § 17-2f were denied, that such denials were a direct result of “oral orders” by the defendant Maher to employees of that department not to make payments under § 17-2f, that Maher’s orders were wilful and wanton and that punitive damages should be awarded. These allegations of the first count are repeated verbatim in the second count together with one additional allegation that Maher’s ordering his “subordinate employees” not to deal with the plaintiff under § 17-2f is a violation of General Stat
The trial court found that no service of process had been made on the defendant Brown, that she had not appeared in the action and that she did not participate in the trial. It, therefore, found that it had no jurisdiction over her and dismissed the case as to her.
General Statutes § 17-2f entitled “Direct payments to landlords” provides: “(a) In any case involving a tenancy from month to month or for a term of years calling for monthly rental payments, upon written complaint, under oath, made by the landlord of a social services recipient, to the district director of the social services district office handling the social services payment in such case, that such social services recipient has failed to make payment of rent for the current month, after ten days subsequent to the date when such rent was due, all subsequent rental payments, until the termination of the tenancy or until the tenant quits the premises, shall be made directly to the landlord, and the amount of such rental shall not be included in the payment made to such social services recipient.
“(b) Such written complaint shall be subscribed and sworn to by the landlord, shall state the name and address of the landlord, the name and address of the tenant, the term of the tenancy, the amount of the monthly rental and the date such rent became due and shall contain a statement that (1) the rent for the current month is due and owing; (2) the landlord has himself made a bona fide effort to collect such rent; (3) the landlord has notified or has made a bona fide effort to notify the tenant of his intention to seek payment of rents from the department of income maintenance; and (4) the
“(c) The provisions of this section shall include only direct payments made to landlords of recipients of public assistance when the total of such payments and all other vendor and protective payments [to such] . . . recipients made by the state department of income maintenance do not exceed [matching payments] . . . under federal law.”
Subsection (c) of § 17-2f was added in 1971 by Public Acts 1971, No. 808.
General Statutes § 17-82k (in Chapter 302 of the General Statutes which is entitled “Public Assistance”) provides: “Aid provided under this chapter shall be inalienable by assignment, sale, attachment, execution or otherwise, and shall be subject to the provisions of any amending or repealing act that may be passed, and no beneficiary or other person shall have any vested right to any such aid.”
The plaintiff does not challenge this ruling on this appeal.
The trial court found that the evidence indicated that Sonia Brown “was not a tenant of plaintiff and was not a recipient of welfare during the periods set forth in the complaint” and that “there was no evidence that plaintiff even applied pursuant to Section 17-2f.”
Moreover, we note that the plaintiff does not claim that he proved these “factual allegations.”
The defendant Maher had filed three special defenses to the plaintiffs substituted complaint. The first special defense, in effect, alleged sovereign immunity. The second special defense, interposed as to the third and fourth counts, claimed that inasmuch as these counts seek declaratory injunctive relief, “[tjhis Court lacks jurisdiction . . . unless all persons having an interest in the subject matter of the complaint are parties to the action or have reasonable notice thereof in compliance with the Practice Book § 390 (d) and § 4-175 of Connecticut General Statutes.” The third special defense alleged the lack of jurisdiction to entertain a cause of action under 42 U.S.C. § 1983 because of the failure to allege “all of the proper and necessary elements of such a cause of action.”
The trial court stated that the doctrine of sovereign immunity would bar the plaintiffs cause of action under the first and second counts although it would not as to the constitutional questions sought to be raised under the third and fourth counts. It ruled that the declaratory relief sought under the third and fourth counts could not be granted because it upheld the defendant commissioner’s claim that these counts were jurisdictionally defective as the plaintiff had not complied with General Statutes § 4-175 and Practice Book § 390 (d). It declined to rule on the third special defense.
After this discussion of these special defenses, the trial court, nevertheless, stated: “Although it may have been more appropriate to rule on jurisdictional and technical matters which might have been dispositive of the case, first, under the circumstances of this case, the court felt that it would serve the ends of justice best to rule on all of the essential issues raised.”
General Statutes § 4-175 provides in pertinent part: “The validity or applicability of a regulation or order of an agency may be determined in an action for declaratory judgment ... if the regulation or order, or its threatened application, interferes with or impairs, or threatens to interfere with or impair, the legal rights or privileges of the plaintiff. The agency shall be made a party to the action. A declaratory judgment may not be rendered unless the plaintiff has requested the agency to pass upon the validity or applicability of the regulation or order in question, pursuant to section 4-176, and the agency has either so acted or has declined to exercise its discretion thereunder.”
This claim must be rejected. States may not discriminate against a federal cause of action and “are required to enforce federal law [under] the supremacy clause of article VI of the United States Constitution. Testa v. Katt, 330 U.S. 386, 67 S. Ct. 810, 91 L. Ed. 967 (1967).” Household Consumer Discount v. Vespaziani, 490 Pa. 209, 212, 415 A.2d 689 (1980). Once required by congressional action to provide a forum for the vindication of a right, “we must determine whether federal or state law governs the resolution of a given question concerning the federally created cause of action. . . Household Consumer Discount v. Vespaziani, supra, 212-13.
It is clear that the reference in the supremacy clause to the “Law of any state” (being subordinate to the “Constitution and laws of the United States”) is not confined to state statutes but is construed broadly to guarantee the supremacy of federal law. Lee v. Board of Higher Education in City of New York, 1 B.R. 781, 787 n.7 (S.D.N.Y. 1979), citing Standard Scale Co. v. Farrell, 249 U.S. 571, 576, 39 S. Ct. 380, 63 L. Ed. 780 (1919) (Brandéis, J.). It has been said that the supremacy clause “prevents a state from frustrating even the spirit of a federal law.” Handsome v. Rutgers University, 445 F. Sup. 1362, 1367 (D.N.J. 1978). It is clearly beyond the reach of reason and due process for us to agree that Practice Book § 390 (d), which provides for notice to interested persons in this ease, violates the supremacy clause where a great number of persons having an interest have not been given notice. If anything, § 390 (d) is in keeping with the spirit of 42 U.S.C. § 1983 giving such persons notice and is compatible with fundamental due process. See, e.g., Benz v. Walker, 154 Conn. 74, 76, 221 A.2d 841 (1966).
Along with his prayer for declaratory relief, the plaintiff also sought damages, attorney’s fees and such further relief as the court deemed proper. These claims must fall with the claim for a declaratory judgment as they are merely ancillary to it. Pinnix v. LaMorte, 182 Conn. 342, 343, 438 A.2d 102 (1980); Clough v. Wilson, 170 Conn. 548, 556, 368 A.2d 231 (1976).