Shwartz v. Connecticut Dept. of Trans., No. Cv97 059486s (Oct. 28, 1997)
Opinion of the Court
Our Supreme Court has recognized three narrow instances in which the state may be sued: (1) where the legislature has enacted legislation allowing itself to be sued in certain instances and has waived its immunity; (2) a declaratory action or one seeking injunctive relief claiming the state or its officials have violated a constitutional right of the plaintiff or; (3) an action seeking such relief claiming state officials have acted in excess of their authority. See Duguay v.Hopkins,
The plaintiff if he is claiming authority under any of these exceptions to the doctrine must specifically state such a claim in his pleadings. This he has not done. The Motion to Dismiss is granted.
THE COURT
CURRAN, J.
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