(Download) "Martinez v. Department of Public Safety" by The Supreme Court of the State of Connecticut # Book PDF Kindle ePub Free
eBook details
- Title: Martinez v. Department of Public Safety
- Author : The Supreme Court of the State of Connecticut
- Release Date : January 08, 2003
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 72 KB
Description
Argued October 23, 2002 Opinion This case involves an action for indemnification brought by the plaintiff, Alex Martinez, a former state trooper, against the defendant, the state department of public safety, 1 seeking reimbursement for expenses and costs he had incurred in defending himself against criminal charges that arose out of his alleged conduct during the course of duty. The dispositive issue in this en banc rehearing of the defendant's appeal is whether the plaintiff's claim is barred by the doctrine of sovereign immunity. More specifically, we must determine whether General Statutes § 53-39a 2 constitutes a waiver of sovereign immunity that permits the plaintiff to bring this action against the defendant. 3 We conclude that, although § 53-39a waives immunity from liability, it does not waive immunity from suit. Thus, the trial court lacked subject matter jurisdiction to hear this case. Accordingly, we reverse the decision of the trial court denying the defendant's motion to dismiss this action on the ground of sovereign immunity. The following undisputed facts and procedural history are relevant to our resolution of this appeal. In March, 1998, while on duty as a state trooper, the plaintiff was summoned by a roadside motorist. The plaintiff stopped to investigate and ultimately issued the female motorist a citation for a motor vehicle infraction. The motorist subsequently filed a complaint against the plaintiff for allegedly threatening her with other traffic charges if she did not submit to his sexual demands. As a result of the motorist's complaint, the plaintiff was charged with coercion and patronizing a prostitute. After a trial, the plaintiff was acquitted of these criminal charges. State v. Martinez, Superior Court, judicial district of Fairfield, Docket No. CR98-139129 (November 23, 1999). He incurred legal fees for his defense totaling $93,143.30. The plaintiff, thereafter, submitted to the defendant a claim for indemnification for his legal expenses pursuant to § 53-39a. The defendant refused to indemnify the plaintiff, and, as a result, the plaintiff initiated the underlying action that gave rise to this appeal. 4