ABRAHAMS v. MICHELSON, No. FA 08-402 34 66 S (Jun. 11, 2009)


DAVID A. ABRAHAMS v. COLLEEN MICHELSON ET AL.

2009 Ct. Sup. 10161
No. FA 08-402 34 66 SConnecticut Superior Court Judicial District of Fairfield at Bridgeport
June 11, 2009

[EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.]

MEMORANDUM OF DECISION RE DEFENDANT’S MOTION TO DISMISS
MARANO, J.

In the present case, the plaintiff, David Abrahams, is suing four state employees for the return of money that he paid to the department of social services. Although the plaintiff has brought this action as a temporary restraining order and preliminary injunction, it is clear that he is only seeking money damages. Under the well established doctrine of sovereign immunity, the state is immune from suit in cases seeking damages unless the plaintiff has obtained authorization to sue from the claims commissioner. This rule extends to state employees acting in their official capacity. As the plaintiff has failed to allege that he received permission to bring this lawsuit from the claims commissioner, the defendants’ motion to dismiss is granted.

CT Page 10162