Jan G. v. Semple

Citations

• 202 Conn. App. 202

Syllabus

The self-represented, incarcerated plaintiff sought declaratory and injunctive relief as well as monetary damages against the defendants, state correc- tional employees, claiming state tort claims and violations of his federal constitutional rights. Following the trial court's termination of a protec- tive order barring the plaintiff's contact with his mother, M, a victim of a crime he had committed, the plaintiff and M submitted various requests to the Department of Correction to approve contact visits between them while the plaintiff is incarcerated, which were denied. The plaintiff then submitted two inmate grievance forms, which were also denied. The plaintiff commenced this action against the defendants in both their individual and official capacities. The trial court granted the defendants' motion to dismiss, concluding that the plaintiff's claims against them in their individual capacities were barred by statutory (§ 4-165) immunity and the claims against them in their official capacities were barred by sovereign immunity. On the plaintiff's appeal to this court, held: 1. The trial court did not improperly conclude that it lacked subject matter and personal jurisdiction over the plaintiff's claims brought against the defendants in their individual capacities: a. The trial court did not improperly conclude that the defendants were entitled to statutory immunity pursuant to § 4-165 (a) to the extent that the plaintiff alleged state tort claims; in his complaint, the plaintiff merely alleged that the defendants had denied his requests for contact visitation with M during his incarceration in the discharge of their duties pursuant to a certain Department of Correction administrative directive, and did not allege that the defendants denied his requests in a wanton, reckless, or malicious manner; accordingly, the court lacked subject matter juris- diction. b. The trial court properly dismissed the plaintiff's federal civil rights claims brought pursuant to the appl