Claudette Thorpe v. Department of Children and Families (2009)

MEMORANDUM OF DECISION RE MOTION TO DISMISS AMENDED COMPLAINT DATED JANUARY 16, 2008 FOR LACK OF SUBJECT MATTER JURISDICTION (No. 106)

In view of certain concessions made at argument, this opinion will be brief.

The co-defendant, Nancy Colberg-Perez, has never been served.   Consequently, the parties agree that Count Four (in which Colberg-Perez is the only defendant) must be dismissed.   For the same reason, the parties agree that Count Five (which is directed against all defendants) must be dismissed as to Colberg-Perez.

The only contested issue before the court is whether Count Five, claiming intentional infliction of emotional distress, must be dismissed as to the remaining defendant, the Department of Children and Families (DCF).  The answer to this question is Yes.

The plaintiff concedes that a suit against DCF is a suit against the State, and that sovereign immunity analysis applies.   At argument, the plaintiff's only claim for exemption from sovereign immunity was that a waiver should be implied from the August 15, 2007, Release of Jurisdiction filed by the Commission on Human Rights and Opportunities, a copy of which is attached to the motion now before the court.   The Release of Jurisdiction is, however, expressly limited to certain statutory claims.   Intentional infliction of emotional distress is a common-law cause of action and is not within the ambit of the Release of Jurisdiction.

The motion to dismiss is granted as to Counts Four and Five in their entirety.

Jon C. Blue

Judge of the Superior Court

Blue, Jon C., J.