Francis v. Officer Chevair
Citation | 916 A.2d 86,99 Conn.App. 789 |
Decision Date | 06 March 2007 |
Docket Number | No. 27102.,27102. |
Court | Appellate Court of Connecticut |
Parties | Ernest FRANCIS v. OFFICER CHEVAIR et al.<SMALL><SUP>1</SUP></SMALL> |
Ernest Francis, pro se, the appellant (plaintiff).
Matthew B. Beizer, assistant attorney general, with whom, on the brief, was Richard Blumenthal, attorney general, for the appellees (defendants).
McLACHLAN, HARPER and ROGERS, Js.
The plaintiff, Ernest Francis, appeals from the judgment of the trial court dismissing his administrative appeal for lack of subject matter jurisdiction. The plaintiff argues that the dismissal was improper because his appeal was cognizable under the Uniform Administrative Procedure Act (UAPA), General Statutes §§ 4-166 through 4-189. We disagree and affirm the judgment of the trial court.
The following procedural history is relevant. The plaintiff is incarcerated at the MacDougall-Walker Reception/Special Management Unit and, in early 2004, was participating in a prison work program. In May, 2004, at a classification committee hearing presided over by the defendant Chevair,2 the plaintiff was informed that he was being discharged from his position due to two poor work reports. According to the plaintiff, his discharge was unjustified because he had received only one poor work report. Thereafter, he filed an appeal with the warden that was denied on July 8, 2004.
On October 8, 2004, the plaintiff filed an administrative appeal with the Superior Court, claiming that the court had jurisdiction to hear the matter pursuant to provisions of the UAPA.3 On January 26, 2005, Chevair and the defendant R. Hutchings filed a motion to dismiss the plaintiff's appeal, arguing that it was not statutorily authorized. On January 26, 2005, the plaintiff filed an objection. After hearing argument on October 17, 2005, the court granted the defendants' motion and dismissed the action. This appeal followed.
(Citation omitted; internal quotation marks omitted.) Searles v. Dept. of Social Services, 96 Conn.App. 511, 513, 900 A.2d 598 (2006).
Our Supreme Court has explained that "[t]here is no absolute right of appeal to the courts from a decision of an administrative agency. . . . The UAPA grants the Superior Court jurisdiction over appeals of agency decisions only in certain limited and well delineated circumstances. . . . Judicial review of an administrative decision is governed by General Statutes § 4-183(a) of the UAPA, which provides that [a] person who has exhausted all administrative remedies . . . and who is aggrieved by a final decision may appeal to the superior court . . . . A final decision is defined in § 4-166(3)(A) as the agency determination in a contested case. . . .
(Internal quotation marks omitted.) Peters v. Dept. of Social Services, 273 Conn. 434, 442-43, 870 A.2d 448 (2005).
4 5
(Internal quotation marks omitted.) Id., at 444, 870 A.2d 448. Furthermore, a hearing that is constitutionally required, yet not explicitly mandated by the General Statutes, is not a hearing "required by state statute," as contemplated by § 4-166(2) so as to give rise to a "contested case."6 See Reitzer v. Board of Trustees of State Colleges, 2 Conn.App. 196, 203, 477 A.2d 129 (1984).
"To ascertain whether a statute requires an agency to determine the legal rights, privileges or duties of a party, we need to examine all the statutory provisions that govern the activities of the particular agency or agencies in question." (Internal quotation marks omitted.) Peters v. Dept. of Social Services, supra, 273 Conn. at 445, 870 A.2d 448. The plaintiff has not directed us to, nor are we able to locate, any statutory provision requiring that an incarcerated individual be afforded a hearing prior to being removed from a prison work assignment or prior to a reclassification decision generally.
The court dismissed the plaintiff's appeal after considering General Statutes § 18-78a, which addresses the applicability of UAPA provisions to the department of correction. Subsection (b) of that statute provides that "[i]n cases involving disciplinary action, classifications and out-of-state transfers, the Department of Correction shall not be required to follow the procedures of sections 4-176e to 4-182, inclusive, provided all procedural safeguards are afforded at such hearings to insure due process of law." Sections 4-176e through 4-182 are the portions of the UAPA mandating the procedures to be followed by agencies in conducting hearings on contested cases. See Taylor v. Robinson, 171 Conn. 691, 695, 372 A.2d 102 (1976).
It is apparent from the foregoing that the plaintiff enjoyed no statutory right to a hearing before the classification committee. Such a hearing has not been explicitly provided for in the statutes governing the department of correction. Moreover, the clear import of § 18-78a(b) is that a prisoner, when subject to a particular disciplinary action, classification...
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