History: 1961 act substituted "amounts exceeding" for "claims for more than" twenty-five hundred dollars; P.A. 75-605 replaced commission with claims commissioner and raised amount of claims brought before the general assembly
from twenty-five hundred to five thousand dollars; P.A. 84-407 amended section by increasing amount of claim from five
thousand to seven thousand five hundred dollars; P.A. 89-208 authorized the general assembly to grant or deny the claimant
permission to sue the state when it rejects the recommendation of the claims commissioner and deleted the provision that
stated the general assembly shall not be required to hold public hearings on the recommendations of the claims commissioner; P.A. 90-284 added provision specifying the standard for the general assembly to apply when granting permission
to sue the state; P.A. 05-170 designated existing provisions re submission to the General Assembly of the recommendations
of the Claims Commissioner, together with the findings and hearing record of each claim, and the timeframe therefor, as
Subsec. (a) and amended said Subsec. to replace requirement that the Claims Commissioner, after hearing, make and
submit his recommendations to the General Assembly for the payment or rejection of amounts exceeding seven thousand
five hundred dollars with the requirement that the Claims Commissioner submit all claims where payment in an amount
exceeding seven thousand five hundred dollars was recommended pursuant to Sec. 4-158(a)(3) and all claims for which
a request for review has been filed pursuant to Sec. 4-158(b), replaced provision authorizing the General Assembly to
accept or alter any such recommendation or reject any such recommendation and grant or deny the claimant permission
to sue the state with new Subsec. (b) requiring the General Assembly to take action with respect to certain decisions of the
Claims Commissioner and setting forth the dispositional options available to it for each type of decision, designated existing
provision re authority of the General Assembly to grant the claimant permission to sue the state and the standard therefor
as Subsec. (c), added new Subsec. (d) re procedure for payment by the Comptroller if the General Assembly orders payment
and added new Subsec. (e) re procedure for the review of claims by the General Assembly.
Sec. 4-160. Authorization of actions against the state. (a) When the Claims Commissioner deems it just and equitable, the Claims Commissioner may authorize suit
against the state on any claim which, in the opinion of the Claims Commissioner, presents
an issue of law or fact under which the state, were it a private person, could be liable.
(b) In any claim alleging malpractice against the state, a state hospital or a sanitorium
or against a physician, surgeon, dentist, podiatrist, chiropractor or other licensed health
care provider employed by the state, the attorney or party filing the claim may submit
a certificate of good faith to the Claims Commissioner in accordance with section 52-190a. If such a certificate is submitted, the Claims Commissioner shall authorize suit
against the state on such claim.
(c) In each action authorized by the Claims Commissioner pursuant to subsection
(a) or (b) of this section or by the General Assembly pursuant to section 4-159 or 4-159a, the claimant shall allege such authorization and the date on which it was granted,
except that evidence of such authorization shall not be admissible in such action as
evidence of the state's liability. The state waives its immunity from liability and from
suit in each such action and waives all defenses which might arise from the eleemosynary
or governmental nature of the activity complained of. The rights and liability of the state
in each such action shall be coextensive with and shall equal the rights and liability of
private persons in like circumstances.
(d) No such action shall be brought but within one year from the date such authorization to sue is granted. With respect to any claim pending before the Claims Commissioner
on October 1, 1992, or presented to the Claims Commissioner on or after said date for
which authorization to sue is granted, any statute of limitation applicable to such action
shall be tolled until the date such authorization to sue is granted. Action shall be brought
against the state as party defendant in the judicial district in which the claimant resides
or, if the claimant is not a resident of this state, in the judicial district of Hartford or in
the judicial district in which the claim arose.
(e) Civil process directed against the state shall be served as provided by section
52-64.
(f) Issues arising in such actions shall be tried to the court without a jury.
(g) The laws and rules of practice governing disclosures in civil actions shall apply
against state agencies and state officers and employees possessing books, papers, records, documents or information pertinent to the issues involved in any such action.
(h) The Attorney General, with the consent of the court, may compromise or settle
any such action. The terms of every such compromise or settlement shall be expressed
in a judgment of the court.
(i) Costs may be allowed against the state as the court deems just, consistent with
the provisions of chapter 901.
(j) The clerk of the court in which judgment is entered against the state shall forward
a certified copy of such judgment to the Comptroller. The Attorney General shall certify
to the Comptroller when the time allowed by law for proceeding subsequent to final
judgment has expired and the Attorney General shall designate the state agency involved
in the action. Upon receipt of such judgment and certification the Comptroller shall
make payment as follows: Amounts directed by law to be paid from a special fund shall
be paid from such special fund; amounts awarded upon contractual claims for goods or
services furnished or for property leased shall be paid from the appropriation of the
agency which received such goods or services or occupied such property; all other
amounts shall be paid from such appropriation as the General Assembly may have made
for the payment of claims.
(k) Not later than five days after the convening of each regular session, the Attorney
General shall report to the joint standing committee of the General Assembly on the
judiciary on the status and disposition of all actions authorized pursuant to this section
or section 4-159, or brought against the state under any other provision of law and in
which the interests of the state are represented by the Attorney General. The report shall
include: (1) The number of such actions pending in state and federal court, categorized
by the alleged ground for the action, (2) the number of new actions brought in the
preceding year in state and federal court, categorized by the alleged ground for the
action, (3) the number of actions disposed of in the preceding year, categorized by the
ground for the action that was disposed of and whether the action was disposed of by
settlement or litigation to final judgment, and the amount paid for actions within the
respective categories, and (4) such other information as may be requested, from time
to time, by the joint standing committee of the General Assembly on the judiciary. The
report shall identify each action disposed of by payment of an amount exceeding one
hundred thousand dollars.
(1959, P.A. 685, S. 13; 1961, P.A. 476, S. 8; P.A. 75-605, S. 17, 27; P.A. 78-280, S. 2, 5, 6, 127; P.A. 84-407, S. 2, 5;
P.A. 88-230, S. 1, 12; P.A. 90-98, S. 1, 2; 90-284, S. 2; P.A. 92-34, S. 2; P.A. 93-142, S. 4, 7, 8; P.A. 94-120; P.A. 95-220, S. 4-6; P.A. 98-76, S. 1; P.A. 01-167, S. 3; P.A. 05-170, S. 4.)
History: 1961 act added to Subsec. (h) provision that amounts awarded on contractual claims be paid from appropriation
of agency receiving goods or services; P.A. 75-605 replaced commission with claims commissioner and deleted specific
dollar amount for claims in suits against the state under Subsec. (a); P.A. 78-280 deleted words "county or" in the phrase
"county or judicial district" and replaced "Hartford county" with "judicial district of Hartford-New Britain"; P.A. 84-407
amended Subsec. (b) to provide one year statute of limitations on actions authorized by claims commissioner from the
date such authorization to sue was granted; P.A. 88-230 replaced "judicial district of Hartford-New Britain" with "judicial
district of Hartford", effective September 1, 1991; P.A. 90-98 changed the effective date of P.A. 88-230 from September
1, 1991, to September 1, 1993; P.A. 90-284 divided former Subsec. (a) into Subsecs. (a) and (b) and relettered remaining
Subsecs. accordingly, and amended Subsecs. (b) and (j) to make provisions of section applicable to actions authorized by
the general assembly pursuant to Sec. 4-159; P.A. 92-34 amended Subsec. (c) to provide that any statute of limitation
applicable to such action shall be tolled until the date authorization to sue is granted; P.A. 93-142 changed the effective
date of P.A. 88-230 from September 1, 1993, to September 1, 1996, effective June 14, 1993; P.A. 94-120 amended Subsec.
(c) to make the provision re tolling of any statute of limitation applicable with respect to any claim pending before the claims
commissioner on October 1, 1992, or presented to the claims commissioner on or after said date for which authorization to
sue is granted; P.A. 95-220 changed the effective date of P.A. 88-230 from September 1, 1996, to September 1, 1998,
effective July 1, 1995; P.A. 98-76 added new Subsec. (b) authorizing the submission of a certificate of good faith in
medical malpractice claims and requiring the Claims Commissioner to authorize suit against the state if such a certificate
is submitted, redesignating the remaining Subsecs. accordingly, and amended Subsec. (c) to add reference to Subsec. (b);
P.A. 01-167 amended Subsec. (c) to include actions authorized by the General Assembly pursuant to Sec. 4-159a and to
add exception that evidence of an authorization shall not be admissible in an action as evidence of the state's liability; P.A.
05-170 amended Subsecs. (a) and (j) to make technical changes for purposes of gender neutrality and amended Subsec.
(k) to require the Attorney General to report to the "joint standing committee of the General Assembly on the judiciary"
rather than to the "General Assembly", require the report to include actions "brought against the state under any other
provision of law and in which the interests of the state are represented by the Attorney General", add provision requiring
the report to include information re the number of pending actions, the number of new actions brought in the preceding
year, the number of actions disposed of in the preceding year and the amount paid for those actions, and such other
information as requested by the judiciary committee of the General Assembly, and add provision requiring the report to
identify each action disposed of by payment of an amount exceeding one hundred thousand dollars.
Subsec. (b):
Effect of subsec. was to deprive claims commissioner of broad discretionary decision-making power to authorize suit
against state in cases where claimant has brought medical malpractice claim and filed certificate of good faith. Instead,
subsec. requires claims commissioner to authorize suit in all such cases. 273 C. 610.
Sec. 4-165. Immunity of state officers and employees from personal liability.
(a) No state officer or employee shall be personally liable for damage or injury, not
wanton, reckless or malicious, caused in the discharge of his or her duties or within the
scope of his or her employment. Any person having a complaint for such damage or
injury shall present it as a claim against the state under the provisions of this chapter.
(b) For the purposes of this section, (1) "scope of employment" includes but is not
limited to, (A) representation by an attorney appointed by the Public Defender Services
Commission as a public defender, assistant public defender or deputy assistant public
defender or an attorney appointed by the court as a special assistant public defender of
an indigent accused or of a child on a petition of delinquency, (B) representation by
such other attorneys, referred to in section 4-141, of state officers and employees in
actions brought against such officers and employees in their official and individual
capacities, (C) the discharge of duties as a trustee of the state employees retirement
system, (D) the discharge of duties of a commissioner of the Superior Court hearing
small claims matters or acting as a fact-finder, arbitrator or magistrate or acting in any
other quasi-judicial position, (E) the discharge of duties of a person appointed to a
committee established by law for the purpose of rendering services to the Judicial Department, including, but not limited to, the Legal Specialization Screening Committee,
the State-Wide Grievance Committee, the Client Security Fund Committee, the advisory
committee appointed pursuant to section 51-81d and the State Bar Examining Committee, and (F) military duty performed by the armed forces of the state while under state
active duty; provided the actions described in subparagraphs (A) to (F), inclusive, of
this subdivision arise out of the discharge of the duties or within the scope of employment
of such officers or employees, and (2) "state employee" includes a member or employee
of the soil and water district boards established pursuant to section 22a-315.
(1959, P.A. 685, S. 25; P.A. 76-371, S. 2, 5; P.A. 80-153, S. 2; 80-197, S. 2; 80-394, S. 6, 13; P.A. 83-464, S. 1, 5; 83-533, S. 45, 54; P.A. 84-45, S. 1, 2; 84-397, S. 2, 7; 84-546, S. 10, 173; P.A. 85-152, S. 2; P.A. 99-215, S. 2; P.A. 04-257,
S. 3; May Sp. Sess. P.A. 04-2, S. 20; P.A. 05-79, S. 1.)
History: P.A. 76-371 defined "scope of employment" for purposes of section; P.A. 80-153 added performance of duties
of superior court commissioner in hearing small claims matter to definition of "scope of employment"; P.A. 80-197 included
representation by assistant public defenders or court-appointed special assistant public defender in definition of "scope of
employment"; P.A. 80-394 included court security officers as state employees for purposes of section; P.A. 83-464 replaced
"performance of his duties" with "discharge of his duties" and replaced "wilful" with "reckless or malicious"; P.A. 83-533 amended section to include performance of duties as a trustee of the state employees' retirement system; P.A. 84-45
included members or employees of the soil and water district boards as state employees for purposes of section; P.A. 84-397 deleted provision that included court security officers as state employees for purposes of section; P.A. 84-546 made
technical change substituting "discharge" for "performance" of duties; P.A. 85-152 included discharge of duties of commissioner of superior court acting as fact-finder, arbitrator, magistrate or in other quasi-judicial position and discharge of
certain appointees rendering services to judicial department in definition of "scope of employment"; P.A. 99-215 added
phrase "including, but not limited to, the Legal Specialization Screening Committee, the State-Wide Grievance Committee,
the Client Security Fund Committee and the State Bar Examining Committee"; P.A. 04-257 made technical changes,
effective June 14, 2004; May Sp. Sess. P.A. 04-2 added provision re advisory committee appointed pursuant to Sec. 51-81d and made technical changes; P.A. 05-79 divided section into Subsecs. (a) and (b), making technical changes in Subsec.
(a) for the purposes of gender neutrality, and in newly designated Subsec. (b) inserted Subdiv. indicators for each of the
existing activities enumerated in the definition of "scope of employment", and added new provision to said definition,
designated as Subdiv. (F), concerning "military duty performed by the armed forces of the state while under state active
duty", and made technical changes, effective June 2, 2005.