Claims Commissioner's Lack of Jurisdiction

[Adorer]

Hello Everyone,

Background: I have filed a claim with the Claims Commissioner for permission to sue a couple of state departments. The attorney for the state has filed a Motion to Dismiss with the Claims Commissioner due to 'lack of jurisdiction over the subject matter (Connecticut Practice Book 10-31). The attorney ignores the second agency involved (which may or may not have immunity) and presents the whole case as though it only involved the Health Department. The attorney goes to to state that the jurisdiction of the Claims Commissioner is set forth 4-142 "[t] here shall be a Claims Commissioner who shall hear and determine all claims against the state except (emphasize 'except') ... claims upon which suit otherwise is authorized by law including suits to recover similar relief arising from the same set of facts...". Connecticut General Statutes permits a direct cause of action in Superior Court against DPH.

I am preparing my Opposition (pro se) while I seek an attorney. Now, I understand that the state is immune of liability unless the Claims Commission gives permission to sue the state.

Question: Can it be the case that, in the event such a motion to dismiss was granted under the basis of lack of jurisdiction, the fact that the case was dismiss is used against the plaintiff in superior court? Can the Judge of Superior Court use against the plaintiff the fact that the case was dismissed for lack of jurisdiction or even dismiss the case because the plaintiff does not have permission to sue the state? What points would be good to note in the opposition?

Thanks

 

[Michael Wechsler]

If I understand what you're saying correctly, the fact that your case may have been dismissed as a result of a lack of jurisdiction in one court should have no bearing when you sue in the proper and appropriate court. You're not being denied on the merits of the case, which is an entirely different matter. In this instance, you would be denied your due process of law if the court says that it's the wrong court to sue, not that your case is one for which you lack the standing to bring the case.

With regard to opposition, you'd want to bring case law that shows that the court you're suing in is the appropriate court. Do you have any cases where the Claims Commissioner adjudicated and the Connecticut Department of Health is a party? If not, is there case law that would support the Claims Commissioner? I'm guessing that the attorney is providing some additional information as to why this section supports his argument. If there are Connecticut General Statutes that permit a direct cause of action in Superior Court then it's possible that it falls within this section. It's difficult to tell and the wording is not very clear. I'd need to perform more research but you should look for more authority.


Here is the full section of Connecticut Practice Book 10-31:
There shall be a Claims Commissioner who shall hear and determine all claims against the state except: (1) Claims for the periodic payment of disability, pension, retirement or other employment benefits; (2) claims upon which suit otherwise is authorized by law including suits to recover similar relief arising from the same set of facts; (3) claims for which an administrative hearing procedure otherwise is established by law; (4) requests by political subdivisions of the state for the payment of grants in lieu of taxes; and (5) claims for the refund of taxes.