(a) Any inmate, as defined in section
18-84, who suffers an injury may file a claim against the state. Such claim shall be heard and decided in accordance with the provisions of this chapter, provided no such claim shall be presented to the Office of the Claims Commissioner until the inmate has exhausted all administrative remedies provided by the Department of Correction. Notwithstanding the provisions of this subsection, the legal representative of the estate of an inmate may present to the Office of the Claims Commissioner a claim against the state prior to having exhausted any administrative remedy provided by the Department of Correction.
(b) In addition to the information required by section 4-147, an inmate's notice of claim shall include a description of the administrative remedies that have been exhausted. An inmate shall present such claim to the Office of the Claims Commissioner not later than one year after the date on which the inmate exhausted all administrative remedies.
(P.A. 76-136, S. 1, 2, 4; P.A. 93-91, S. 1, 2.; P.A. 02-89, S. 6; P.A. 16-127, S. 23; P.A. 23-131, S. 14.)
History: P.A. 93-91 substituted department of children and families for department of children and youth services, effective July 1, 1993; P.A. 02-89 deleted as obsolete former Subsec. (b) requiring that all matters pending on May 3, 1976, before a committee established pursuant to Sec. 18-95 be construed as pending with the same status with the claims commissioner on said date, and made a technical change; P.A. 16-127 designated existing provision re inmate who suffers injury as Subsec. (a) and substantially revised same to provide that inmate may file claim against the state after exhausting administrative remedies provided by Department of Correction, added Subsec. (b) re required information to be included in inmate's notice of claim and time period for presenting claim and added Subsec. (c) re limitation on Claims Commissioner's authority to grant waiver of filing fee to an inmate, effective June 9, 2016; P.A. 23-131 deleted former Subsec. (c) re limitation on Claims Commissioner's authority to grant waiver of filing fee to an inmate, effective July 1, 2023.
Cited. 186 C. 300; 212 C. 415.
Notes of Decisions
Krozser v. City of New Haven, 562 A.2d 1080 (Conn. 1989).
· cites it 2× “General Statutes § 4-165b. The Superior Court, therefore, has no authority to hear a claim for monetary damages against the state when the doctrine of sovereign immunity is applicable.”
State v. Avoletta, 275 A.3d 716 (Conn. App. Ct. 2022).
“Claims for injury to person or damage to property shall be deemed to accrue on the date when the damage or injury is sustained or discovered or in the exercise of reasonable care should have been discovered, provided no claim shall be presented more than three years from the…”
State v. Avoletta, 298 A.3d 1211 (Conn. 2023).
“Claims for injury to person or damage to property shall be deemed to accrue on the date when the damage or injury is sustained or discovered or in the exercise of reasonable care should have been discovered, provided no claim shall be presented more than three years from the…”
Morgan v. Semple, No. 3:16-cv-00225 (D. Conn. Apr. 24, 2020).
· cites it 2× “” Conn. Gen. Stat.§ 4-165b(a). It requires an inmate to first exhaust administrative remedies before going to the claims commissioner and requires an inmate to present their claim within a year of exhausting all administrative remedies.”
Morgan v. Semple, No. 3:16-cv-00225 (D. Conn. May 6, 2020).
· cites it 2× “” Conn. Gen. Stat.§ 4-165b(a). It requires an inmate to first exhaust administrative remedies before going to the claims commissioner and requires an inmate to present their claim within a year of exhausting all administrative remedies.”
Conn. Gen. Stat. § 4-165b(a): 2 cases
Morgan v. Semple, No. 3:16-cv-00225 (D. Conn. Apr. 24, 2020).
“” Conn. Gen. Stat.§ 4-165b(a). It requires an inmate to first exhaust administrative remedies before going to the claims commissioner and requires an inmate to present their claim within a year of exhausting all administrative remedies.”
Morgan v. Semple, No. 3:16-cv-00225 (D. Conn. May 6, 2020).
“” Conn. Gen. Stat.§ 4-165b(a). It requires an inmate to first exhaust administrative remedies before going to the claims commissioner and requires an inmate to present their claim within a year of exhausting all administrative remedies.”
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