Wright v. Giles

Citations

• 201 Conn. App. 353

Syllabus

The self-represented, incarcerated plaintiff brought this action against the defendants pursuant to federal law (42 U.S.C. § 1983), claiming violations of his federal and state constitutional rights. The plaintiff claimed that he was entitled to deportation parole or a deportation parole eligibility hearing pursuant to statute (§ 54-125d (c)) and, that under 42 U.S.C. § 1983, the defendants had violated his rights to due process by failing to implement policies, procedures, and/or regulations that provided him with a deportation parole hearing and/or with eligibility. The trial court dismissed the plaintiff's complaint on the ground that the defendants were protected by sovereign immunity and rendered judgment thereon, from which the plaintiff appealed to this court. Held that the judgment of the trial court was affirmed on the alternative ground that the plaintiff lacked standing; the plaintiff failed to demonstrate that he had a specific, personal, or legal interest in deportation parole eligibility as the possibil- ity of deportation parole created by § 54-125d does not create a legal interest in parole eligibility, and the failure to exercise discretion to grant a deportation parole eligibility hearing is not within the zone of interests protected by 42 U.S.C. § 1983. Argued September 10—officially released November 17, 2020