claimant has a cognizable claim in Connecticut

2000"When sovereign immunity has not been waived, the claims commissioner is authorized by statute to hear monetary claims against the CT Page 13988 state and determine whether the claimant has a cognizable claim." Krozser v. New Haven , 212 Conn. 415 , 421 (1989), cert. denied, 493 U.S. 1036 , 110 S.Ct. 757 , 107 L.Ed.2d 774 (1990).

2000"When sovereign immunity has not been waived, the claims commissioner is authorized by statute to hear monetary claims against the CT Page 13988 state and determine whether the claimant has a cognizable claim." Krozser v. New Haven , 212 Conn. 415 , 421 (1989), cert. denied, 493 U.S. 1036 , 110 S.Ct. 757 , 107 L.Ed.2d 774 (1990).

1997General Statutes §§ 4-141 through 4-165b "creates the office of claims commissioner and establishes the CT Page 1657 procedure for redressing claims arising from the actions of the state and its officers and employees." Spinello v. State, 12 Conn. App. 449 , 453 , 531 A.2d 167 (1987). "[W]hen an adequate administrative remedy is provided by law it should be exhausted." Savage v. Aronson, supra, 214 Conn. 266 ; Sullivan v. State, 189 Conn. 550 , 553 , 457 A.2d 304 (1980); Town of Haddam v. LaPointe, 42 Conn. App. 631 , 636 , 680 A.2d 1010 (1996).

1997General Statutes §§ 4-141 through 4-165b "creates the office of claims commissioner and establishes the CT Page 1657 procedure for redressing claims arising from the actions of the state and its officers and employees." Spinello v. State, 12 Conn. App. 449 , 453 , 531 A.2d 167 (1987). "[W]hen an adequate administrative remedy is provided by law it should be exhausted." Savage v. Aronson, supra, 214 Conn. 266 ; Sullivan v. State, 189 Conn. 550 , 553 , 457 A.2d 304 (1980); Town of Haddam v. LaPointe, 42 Conn. App. 631 , 636 , 680 A.2d 1010 (1996).

2019The plaintiff's claimed damages included "lost overtime" with the university's special police force; "lost employment" and "lost overtime" with the department; "lost pension benefits and contributions"; "lost insurance, sick time and vacation time"; and "future lost earnings." "When sovereign immunity has not been waived, the claims commissioner is authorized by statute to hear monetary claims against the state and determine whether the claimant has a cognizable claim." (Emphasis added; internal quotation marks omitted.) Miller v. Egan, 265 Conn. 301 , 317, 828 A.2d 549 (2003).

2019The plaintiff's claimed damages included "lost overtime" with the university's special police force; "lost employment" and "lost overtime" with the department; "lost pension benefits and contributions"; "lost insurance, sick time and vacation time"; and "future lost earnings." "When sovereign immunity has not been waived, the claims commissioner is authorized by statute to hear monetary claims against the state and determine whether the claimant has a cognizable claim." (Emphasis added; internal quotation marks omitted.) Miller v. Egan, 265 Conn. 301 , 317, 828 A.2d 549 (2003).

2026The . . . [claims] commissioner, if he [or she] deems it just and equitable, may sanction suit against the state on any claim which, in his [or her] opinion, presents an issue of law or fact under which the state, were it a private person, could be liable.” (Citation omitted; internal quotation marks omitted.) State v. Avoletta, 212 Conn. App. 309 , 321-22, 275 A.3d 716 (2022), aff’d, 347 Conn. 629 , 298 A.3d 1211 (2023). “[P]rior to 1959, before the legislature created the office of the claims commission, the General Assembly in the first instance considered what action, if any, was appropria

2026The . . . [claims] commissioner, if he [or she] deems it just and equitable, may sanction suit against the state on any claim which, in his [or her] opinion, presents an issue of law or fact under which the state, were it a private person, could be liable.” (Citation omitted; internal quotation marks omitted.) State v. Avoletta, 212 Conn. App. 309 , 321-22, 275 A.3d 716 (2022), aff’d, 347 Conn. 629 , 298 A.3d 1211 (2023). “[P]rior to 1959, before the legislature created the office of the claims commission, the General Assembly in the first instance considered what action, if any, was appropria

2026The . . . [claims] commissioner, if he [or she] deems it just and equitable, may sanction suit against the state on any claim which, in his [or her] opinion, presents an issue of law or fact under which the state, were it a private person, could be liable.” (Citation omitted; internal quotation marks omitted.) State v. Avoletta, 212 Conn. App. 309 , 321-22, 275 A.3d 716 (2022), aff’d, 347 Conn. 629 , 298 A.3d 1211 (2023). “[P]rior to 1959, before the legislature created the office of the claims commission, the General Assembly in the first instance considered what action, if any, was appropria

2026The . . . [claims] commissioner, if he [or she] deems it just and equitable, may sanction suit against the state on any claim which, in his [or her] opinion, presents an issue of law or fact under which the state, were it a private person, could be liable.” (Citation omitted; internal quotation marks omitted.) State v. Avoletta, 212 Conn. App. 309 , 321-22, 275 A.3d 716 (2022), aff’d, 347 Conn. 629 , 298 A.3d 1211 (2023). “[P]rior to 1959, before the legislature created the office of the claims commission, the General Assembly in the first instance considered what action, if any, was appropria

2014The . . . commissioner, if he deems it just and equitable, may sanction suit against the state on any claim which, in his opinion, presents an issue of law or fact under which the state, were it a private person, could be liable.’’ (Citation omitted; internal quotation marks omitted.) Lagassey v. State, 268 Conn. 723, 732 , 846 A.2d 831 (2004). ‘‘Section 4-148 (a) sets forth the time frame in which a claimant must present a claim to the Claims Commis- sioner.

2014The . . . commissioner, if he deems it just and equitable, may sanction suit against the state on any claim which, in his opinion, presents an issue of law or fact under which the state, were it a private person, could be liable.’’ (Citation omitted; internal quotation marks omitted.) Lagassey v. State, 268 Conn. 723, 732 , 846 A.2d 831 (2004). ‘‘Section 4-148 (a) sets forth the time frame in which a claimant must present a claim to the Claims Commis- sioner.

2014In the absence of a statutory waiver of sovereign immunity, the plaintiff may not bring an action against the state for monetary damages without authorization from the claims commissioner to do so.’’ (Citations omitted; internal quotation marks omitted.) DePietro v. Dept. of Public Safety, 126 Conn. App. 414 , 417–18, 11 A.3d 1149 , cert. granted on other grounds, 300 Conn. 932 , 17 A.3d 69 (2011). ‘‘When sovereign immunity has not been waived, the . . . commissioner is authorized by statute to hear monetary claims against the state and determine whether the claimant has a cognizable claim. .

2014In the absence of a statutory waiver of sovereign immunity, the plaintiff may not bring an action against the state for monetary damages without authorization from the claims commissioner to do so.’’ (Citations omitted; internal quotation marks omitted.) DePietro v. Dept. of Public Safety, 126 Conn. App. 414 , 417–18, 11 A.3d 1149 , cert. granted on other grounds, 300 Conn. 932 , 17 A.3d 69 (2011). ‘‘When sovereign immunity has not been waived, the . . . commissioner is authorized by statute to hear monetary claims against the state and determine whether the claimant has a cognizable claim. .

2014In the absence of a statutory waiver of sovereign immunity, the plaintiff may not bring an action against the state for monetary damages without authorization from the claims commissioner to do so.’’ (Citations omitted; internal quotation marks omitted.) DePietro v. Dept. of Public Safety, 126 Conn. App. 414 , 417–18, 11 A.3d 1149 , cert. granted on other grounds, 300 Conn. 932 , 17 A.3d 69 (2011). ‘‘When sovereign immunity has not been waived, the . . . commissioner is authorized by statute to hear monetary claims against the state and determine whether the claimant has a cognizable claim. .

2014In the absence of a statutory waiver of sovereign immunity, the plaintiff may not bring an action against the state for monetary damages without authorization from the claims commissioner to do so.’’ (Citations omitted; internal quotation marks omitted.) DePietro v. Dept. of Public Safety, 126 Conn. App. 414 , 417–18, 11 A.3d 1149 , cert. granted on other grounds, 300 Conn. 932 , 17 A.3d 69 (2011). ‘‘When sovereign immunity has not been waived, the . . . commissioner is authorized by statute to hear monetary claims against the state and determine whether the claimant has a cognizable claim. .

2013This legislation expressly bars suits upon claims cognizable by the claims commissioner except as he may authorize, an indication of the legislative determination to preserve sovereign immunity as a defense to monetary claims against the state not sanctioned by the commissioner or other statutory provisions.” (Internal quotation marks omitted.) Cox v. Aiken, 278 Conn. 204 , 212 n.11, 897 A.2d 71 (2006).

2013This legislation expressly bars suits upon claims cognizable by the claims commissioner except as he may authorize, an indication of the legislative determination to preserve sovereign immunity as a defense to monetary claims against the state not sanctioned by the commissioner or other statutory provisions.” (Internal quotation marks omitted.) Cox v. Aiken, 278 Conn. 204 , 212 n.11, 897 A.2d 71 (2006).

2002General Statutes § 4-160 (a) stipulates: "When the Claims Commissioner deems it just and equitable, he may authorize suit against the state on any claim which, in his opinion, presents an issue of law or fact under which the state, were it a private person, could be liable." "This legislation expressly bars suits upon claims cognizable by the claims commissioner except as he may authorize, an indication of the legislative determination to preserve sovereign immunity as a defense to monetary claims against the state not sanctioned by the commissioner or other CT Page 1229 statutory provisions."

2002General Statutes § 4-160 (a) stipulates: "When the Claims Commissioner deems it just and equitable, he may authorize suit against the state on any claim which, in his opinion, presents an issue of law or fact under which the state, were it a private person, could be liable." "This legislation expressly bars suits upon claims cognizable by the claims commissioner except as he may authorize, an indication of the legislative determination to preserve sovereign immunity as a defense to monetary claims against the state not sanctioned by the commissioner or other CT Page 1229 statutory provisions."

2000"Certain claims, however, are not within the power of the claims commissioner to hear and determine." Connecticut State Employees Assn. v. Dept. of Administrative Services , 20 Conn. App. 676 , 678 , cert. denied, 214 Conn. 810 (1990); see also General Statutes § 4-142 .

1997General Statutes §§ 4-141 through 4-165b "creates the office of claims commissioner and establishes the CT Page 1657 procedure for redressing claims arising from the actions of the state and its officers and employees." Spinello v. State, 12 Conn. App. 449 , 453 , 531 A.2d 167 (1987). "[W]hen an adequate administrative remedy is provided by law it should be exhausted." Savage v. Aronson, supra, 214 Conn. 266 ; Sullivan v. State, 189 Conn. 550 , 553 , 457 A.2d 304 (1980); Town of Haddam v. LaPointe, 42 Conn. App. 631 , 636 , 680 A.2d 1010 (1996).

1997General Statutes §§ 4-141 through 4-165b "creates the office of claims commissioner and establishes the CT Page 1657 procedure for redressing claims arising from the actions of the state and its officers and employees." Spinello v. State, 12 Conn. App. 449 , 453 , 531 A.2d 167 (1987). "[W]hen an adequate administrative remedy is provided by law it should be exhausted." Savage v. Aronson, supra, 214 Conn. 266 ; Sullivan v. State, 189 Conn. 550 , 553 , 457 A.2d 304 (1980); Town of Haddam v. LaPointe, 42 Conn. App. 631 , 636 , 680 A.2d 1010 (1996).

1997General Statutes §§ 4-141 through 4-165b "creates the office of claims commissioner and establishes the CT Page 1657 procedure for redressing claims arising from the actions of the state and its officers and employees." Spinello v. State, 12 Conn. App. 449 , 453 , 531 A.2d 167 (1987). "[W]hen an adequate administrative remedy is provided by law it should be exhausted." Savage v. Aronson, supra, 214 Conn. 266 ; Sullivan v. State, 189 Conn. 550 , 553 , 457 A.2d 304 (1980); Town of Haddam v. LaPointe, 42 Conn. App. 631 , 636 , 680 A.2d 1010 (1996).

1997General Statutes §§ 4-141 through 4-165b "creates the office of claims commissioner and establishes the CT Page 1657 procedure for redressing claims arising from the actions of the state and its officers and employees." Spinello v. State, 12 Conn. App. 449 , 453 , 531 A.2d 167 (1987). "[W]hen an adequate administrative remedy is provided by law it should be exhausted." Savage v. Aronson, supra, 214 Conn. 266 ; Sullivan v. State, 189 Conn. 550 , 553 , 457 A.2d 304 (1980); Town of Haddam v. LaPointe, 42 Conn. App. 631 , 636 , 680 A.2d 1010 (1996).

1997The court will not decide whether these claims constitute an exception to the doctrine of sovereign immunity as "[n]o determination of whether a constitutional necessity exists that would supersede the state's sovereign immunity can be made when the alternative procedure available through the claims commissioner which might have provided the relief sought, has been ignored." Barde v. Board of Trustees, 207 Conn. 59 , 66 , 539 A.2d 1000 (1988). "[T]he claims commissioner is authorized by statute to hear monetary claims against the state and determine whether the claimant has a cognizable claim.

1997The court will not decide whether these claims constitute an exception to the doctrine of sovereign immunity as "[n]o determination of whether a constitutional necessity exists that would supersede the state's sovereign immunity can be made when the alternative procedure available through the claims commissioner which might have provided the relief sought, has been ignored." Barde v. Board of Trustees, 207 Conn. 59 , 66 , 539 A.2d 1000 (1988). "[T]he claims commissioner is authorized by statute to hear monetary claims against the state and determine whether the claimant has a cognizable claim.

1993"When sovereign immunity has not been waived, the claims CT Page 3687 commissioner is authorized by statute to hear monetary claims against the state and determine whether the claimant has a cognizable claim." Krozser v. New Haven, 212 Conn. 415 , 421 , 562 A.2d 1080 (1989), cert denied sub nom., Krozser v. Connecticut, 567 A.2d 1036 , 110 S.Ct 757 (1990).