Gaetano v. Manley

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MICHAEL GAETANO v. KEVIN MANLEY ET AL.
(AC 38636)
Lavine, Prescott and Bear, Js.
Submitted on briefs December 16, 2016—officially released April 11, 2017
(Appeal from Superior Court, judicial district of
Danbury, Ozalis, J. [motion to dismiss]; Truglia, J.
[motion to dismiss; judgment].)
Michael Gaetano, self-represented, the appellant
(plaintiff), filed a brief.
George Jepsen, attorney general, and Robert S. Dear-
ington, assistant attorney general, filed a brief for the
appellees (named defendant et al.).
Opinion
PER CURIAM. The plaintiff, Michael Gaetano,
appeals from the judgment of the trial court dismissing,
for lack of subject matter jurisdiction, his claims under
the federal and state constitutions, directed at the
defendants, current and former Department of Correc-
tion employees Kevin Manley, Michael Beaudry, and
Marco Perez, in their official capacities for monetary
damages, for return of personal property, and for declar-
atory and injunctive relief, and also dismissing, because
of statutory immunity, his claims against the defendants
pursuant to General Statutes § 4-165.
On appeal, the plaintiff claims that the trial court (1)
erred in not certifying a question to our Supreme Court;
(2) improperly determined that sovereign immunity
barred the plaintiff’s claims for declaratory and injunc-
tive relief; (3) improperly determined that the defen-
dants were entitled to statutory immunity under § 4-
165; and (4) improperly considered and ruled on two
separate motions to dismiss that challenged the court’s
subject matter jurisdiction over the plaintiff’s claims.
After careful review of the record, including the
court’s two well reasoned memoranda of decision, and
the parties’ appellate briefs, we conclude that the court
properly determined that it lacked subject matter juris-
diction over the plaintiff’s claims under the federal and
state constitutions, and that the defendants were enti-
tled to statutory immunity under § 4-165. Additionally,
the plaintiff’s claims that the court erred in failing to
certify a question to our Supreme Court, and improperly
considered two separate motions to dismiss are without
merit. There is no error.
The judgment is affirmed.