DocketNumber: AC 21828
Citation Numbers: 74 Conn. App. 264
Judges: Schaller
Filed Date: 12/24/2002
Status: Precedential
Modified Date: 9/8/2022
Opinion
The defendant Capitol Region Mental Health Center (health center) appeals from the judgment of the trial court denying its motion to dismiss the complaint.
The following facts are set forth in the plaintiff’s complaint. The health center is a state owned and operated mental health and addiction services treatment facility located in Hartford. It provides mental health support services, including, but not limited to, the assessment of patients’ ability to live independently in the community and the monitoring of patients’ compliance with medication orders and treatment plans. On
In the first count of the complaint, the plaintiff alleges that Cross’ attack on the plaintiff was proximately caused by the negligent acts of the health center’s employees. Specifically, the plaintiff alleges that the health center’s employees failed to properly monitor, supervise and treat Cross, failed to have him admitted to an appropriate treatment facility, and failed to warn others of his violent tendencies. In the second count, the plaintiff alleges the same omissions by the health center’s employees, but characterizes them as reckless rather than negligent. The third and fourth counts of the complaint are directed toward the Center for Human Development, Inc., and the fifth and sixth counts are directed toward Moon Hee Yoo, a psychiatrist who treated Cross.
The health center and Yoo filed separate motions to dismiss the respective counts directed against them. The court denied Yoo’s motion on March 29, 2001. The health center, apparently believing that its motion had been denied, commenced this appeal on April 23, 2001. In response to the health center’s subsequent motion for articulation, the court filed a memorandum of decision on May 31,2001, denying the health center’s motion to dismiss and articulating the reasoning for the denial of both the health center’s and Yoo’s motions. The health center filed the present amended appeal on June 19, 2001.
On appeal, the health center claims that the court improperly denied its motion to dismiss the complaint. Specifically, the health center argues (1) that the court improperly based its decision on the motion to dismiss
The following additional facts are necessary for our resolution of the health center’s claim. The health center’s motion to dismiss the first and second counts was based on the doctrine of sovereign immunity while Yoo’s motion to dismiss the fifth and sixth counts was based on statutory immunity pursuant to § 4-165. In its articulation, the court stated that the plaintiff had alleged sufficient facts to constitute reckless conduct by Yoo, thereby bringing her within the exception under § 4-165 for “wanton, reckless or malicious” conduct. The court therefore concluded that Yoo was not entitled to statutory immunity under § 4-165. Then, turning its attention to the health center’s motion to dismiss on the ground of sovereign immunity, the court concluded: “Since Dr. Yoo is an employee of the state and may not be immune from suit, the state, acting through her, may be liable and, therefore, the motion to dismiss filed by [the health center] is denied.”
Our standard of review is well established. “[T]he doctrine of sovereign immunity implicates subject matter jurisdiction and is therefore a basis for granting a motion to dismiss.” (Internal quotation marks omitted.) Kizis v. Morse Diesel International, Inc., 260 Conn. 46, 51, 794 A.2d 498 (2002). “In ruling upon whether a complaint survives a motion to dismiss, a court must take the facts to be those alleged in the complaint, including those facts necessarily implied from the alle
We first address the health center’s argument that the court improperly relied on § 4-165 in deciding the motion to dismiss. We agree that the court’s reliance on § 4-165 was misplaced.
“In its pristine form the doctrine of sovereign immunity would exempt the state from suit entirely, because the sovereign could not be sued in its own courts and there can be no legal right as against the authority that makes the law on which the right depends. . . . This absolute bar of actions against the state has been greatly modified both by statutes effectively consenting to suit in some instances as well as by judicial decisions in others.” (Citations omitted; internal quotation marks omitted.) Id., 168.
“When sovereign immunity has not been waived, the claims commissioner is authorized by statute to hear monetary claims against the state and determine
In the present case, the plaintiff has not cited any statute waiving the state’s sovereign immunity, nor is the court aware of any such statute. On the contrary, § 4-160 (b) expressly contemplates the submission of claims “alleging malpractice against ... a state hospital or a sanitorium” to the claims commissioner to determine whether to authorize suit.
The judgment is reversed and the case is remanded with direction to grant the motion to dismiss filed by the defendant Capitol Region Mental Health Center and to render judgment thereon.
In this opinion the other judges concurred.
The Center for Human Development, Inc., and Moon Hee Yoo are named in the plaintiffs complaint as additional defendants. The present appeal is brought by the health center only. We therefore refer in this opinion to the health center as the defendant.
Our Supreme Court held in Shay v. Rossi, 253 Conn. 134, 164, 749 A.2d 1147 (2000) (en banc), that the denial of a motion to dismiss based on a colorable claim of sovereign immunity is a final judgment for purposes of appeal.
General Statutes § 4-165 provides in relevant part: “Immunity of state ol'iicers and employees from personal liability. No state officer or employee shall be personally liable for damage or injury, not wanton, reckless or malicious, caused in the discharge of his duties or within the scope of his employment. Any person having a complaint for such damage or injury shall present it as a claim against the state under the provisions of this chapter. . . .”
Because the present appeal involves only the health center’s motion to dismiss, we do not review the court’s denial of Yoo’s separate motion to dismiss at this time. We express no opinion as to whether the court properly analyzed Yoo’s motion under General Statutes § 4-165.
See General Statutes §§ 4-141 and 17a-450 (b).
General Statutes § 4-160 (b) provides: “In any claim alleging malpractice against the state, a state hospital or a sanitorium or against a physician, surgeon, dentist, podiatrist, chiropractor or other licensed health care provider employed by the state, the attorney or party filing the claim may submit a certificate of good faith to the Claims Commissioner in accordance with section 52-190a. If such a certificate is submitted, the Claims Commissioner shall authorize suit against the state on such claim.”
The plaintiff nevertheless argues that the health center is not entitled to sovereign immunity because the allegations in the complaint are sufficient to establish that the health center’s employees acted in excess of their statutory authority. That argument is based on a line of cases holding that sovereign immunity does not bar an action brought against a state employee in his official capacity if the complaint alleges that the employee acted in