Praisner v. State

Citations

• 336 Conn. 420

Syllabus

Pursuant to statute ((Rev. to 2013) § 53-39a), ''[w]henever, in any prosecution of an officer of the Division of State Police . . . or a local police depart- ment for a crime allegedly committed by such officer in the course of his duty as such, the charge is dismissed or the officer is found not guilty, such officer shall be indemnified by his employing governmental unit for economic loss sustained by him as a result of such prosecu- tion . . . .'' The plaintiff, who had been a member of a special police force maintained by the defendant state of Connecticut for Eastern Connecticut State University, sought, pursuant to statute ((Rev. to 2013) § 53-39a), indemni- fication from the state for economic losses that he allegedly had incurred as a result of federal criminal charges filed against him, but that ulti- mately were dismissed, for alleged misconduct while he was a member of that special police force. The state filed a motion to dismiss for lack of subject matter jurisdiction, claiming that members of a university's special police force do not fall within the class of individuals who are The listing of justices reflects their seniority status on this court as of the date of oral argument. 336 Conn. 420 MARCH, 2021 421 Praisner v. State expressly authorized to bring an action against the state pursuant to § 53-39a. The trial court denied the motion to dismiss, concluding that a member of a university's special police force did fall under the category of a member of a local police department, as that term is used in § 53- 39a. The trial court subsequently denied the state's motion for summary judgment, in which the state renewed its claim that the court lacked subject matter jurisdiction. Thereafter, the court granted the plaintiff's motion for summary judgment as to liability only and, after a hearing in damages, rendered judgment for the plaintiff, from which the state appealed to the Appellate Court. The Appellate Court reversed the trial court's judgment, conc