Kinney v. Connecticut
| Decision Date | 05 June 2009 |
| Docket Number | No. 3:08CV01333(DJS).,3:08CV01333(DJS). |
| Citation | 622 F.Supp.2d 1 |
| Parties | Joan A. KINNEY, Plaintiff, v. State of CONNECTICUT, Denise L. Nappier, and Nancy Wyman, Defendants. |
| Court | U.S. District Court — District of Connecticut |
Roger J. Frechette, Frechette & Frechette, New Haven, CT, for Plaintiff.
Michael Robert Bullers, Attorney General's Office, Hartford, CT, for Defendants.
The plaintiff, Joan A. Kinney ("the Plaintiff"), the executrix of the estate of Frank J. Kinney, Jr., brings this action against the defendants, the State of Connecticut, Denise L. Nappier, and Nancy Wyman ("the Defendants"), alleging interference with salary and benefit rights under Connecticut law, violations of Article 1 § 10 of the U.S. Constitution, and violations of the Fifth, Eleventh, and Fourteenth Amendments to the U.S. Constitution. Pursuant to Rules 12(b)(1) and 12(b)(6) of the Federal Rules of Civil Procedure ("Fed. R. Civ. P."), the Defendants have moved to dismiss the Plaintiff's complaint. (Dkt. # 12). For the reasons set forth herein, the Defendants' motion to dismiss (dkt. # 12) is GRANTED.
A Rule 12(b)(1) motion seeks dismissal for lack of subject matter jurisdiction. Fed.R.Civ.P. 12(b)(1). "When considering a motion to dismiss for lack of subject matter jurisdiction . . ., a court must accept as true all material factual allegations in the complaint." Shipping Fin. Servs. Corp. v. Drakos, 140 F.3d 129, 131 (2d Cir.1998). Nevertheless, "[t]he burden of proving jurisdiction is on the party asserting it." Malik v. Meissner, 82 F.3d 560, 562 (2d Cir.1996) (internal quotation marks omitted). That is, "when the question to be considered is one involving the jurisdiction of a federal court, jurisdiction must be shown affirmatively, and that showing is not made by drawing from the pleadings inferences favorable to the party asserting it." Drakos. 140 F.3d at 131. A court may consider affidavits and other material beyond the pleadings to resolve jurisdictional questions under Rule 12(b)(1). See Robinson v. Gov't of Malaysia, 269 F.3d 133, 141 n. 6 (2d Cir.2001).
A Rule 12(b)(6) motion to dismiss seeks dismissal for failure to state a claim upon which relief can be granted. Fed. R.Civ.P. 12(b)(6). When considering a Rule 12(b)(6) motion to dismiss, the court accepts as true all factual allegations in the complaint and draws inferences from these allegations in the light most favorable to the plaintiff. See Scheuer v. Rhodes, 416 U.S. 232, 236, 94 S.Ct. 1683, 40 L.Ed.2d 90 (1974); Bernheim v. Litt, 79 F.3d 318, 321 (2d Cir.1996). Dismissal is warranted only if, under any set of facts that the plaintiff can prove consistent with the allegations, it is clear that no relief can be granted. See Hishon v. King & Spalding, 467 U.S. 69, 73, 104 S.Ct. 2229, 81 L.Ed.2d 59 (1984); Cooper v. Parsky, 140 F.3d 433, 440 (2d Cir.1998). "The issue on a motion to dismiss is not whether the plaintiff will prevail, but whether the plaintiff is entitled to offer evidence to support his or her claims." United States v. Yale New Haven Hosp., 727 F.Supp. 784, 786 (D.Conn. 1990) (citing Scheuer, 416 U.S. at 232, 94 S.Ct. 1683). In its review of a motion to dismiss, the court may consider "only the facts alleged in the pleadings, documents attached as exhibits or incorporated by reference in the pleadings and matters of which judicial notice may be taken." Samuels v. Air Transp. Local 504, 992 F.2d 12, 15 (2d Cir.1993).
Frank J. Kinney, Jr. married the Plaintiff on August 28, 1954. He graduated from Yale College in 1956 and from Yale Law School in 1959, and he maintained a law practice in New Haven, Connecticut until 1972.
In 1972, Frank J. Kinney, Jr. ("Judge Kinney") was appointed as a judge in the judicial system of the State of Connecticut. In 1983, Judge Kinney was assigned the duties of Presiding Judge, Criminal, in the New Haven Judicial District. In 1984, Judge Kinney was assigned to perform the duties of Chief Administrative Judge of the Criminal Division, which required him to supervise the work of all the judges throughout Connecticut on all criminal matters. Judge Kinney also was appointed as the Chairperson of the Civil Desk Book. On February 8, 1985, Judge Kinney was appointed to perform the duties of Administrative Judge for the New Haven Judicial District, which controlled the work of all the judges in civil, criminal, family, and juvenile court. Thereafter, Judge Kinney was appointed as the Chairman of the Grand Jury Panel so that he could structure, innovate, and supervise the statewide grand jury procedures. Judge Kinney then was appointed as the Chairman of the Commission to Study Alternate Sentencing, and, during his vacation time, went to a symposium in Colorado in order to obtain the requisite knowledge to implement a program in Connecticut. Judge Kinney was also appointed as the Chairman of the Magistrates' Program in order to expedite the hearing of certain types of cases.
On September 28, 1986, Judge Kinney died from a heart attack. On December 16, 1986, the Plaintiff filed a workers' compensation claim pursuant to Conn. Gen. Stat. § 31-294c(b).2 It was the Plaintiff contention that Judge Kinney's heart attack was caused by his work as a judge. On December 26, 1986, the State of Connecticut contested liability pursuant to Conn. Gen.Stat. § 31-297(b), contending that Judge Kinney's heart attack was not causally related to his work, but may have been caused by a pre-existing condition.
On December 11, 1987, the State of Connecticut filed a motion to dismiss the workers' compensation claim, arguing that judges were not "employees" as defined under the law governing workers' compensation, and thus the workers' compensation commissioner lacked subject matter jurisdiction over the claim. The workers' compensation commissioner denied this motion and, on October 27, 1988, awarded the Plaintiff the maximum allowable spousal survivorship benefits.
The State of Connecticut appealed the workers' compensation commissioner's decision with regard to the jurisdictional issue. Ultimately, the question was answered by the Connecticut Supreme Court, which agreed with the State of Connecticut's position that judges were not "employees" under the workers' compensation law. See Kinney v. State, 213 Conn. 54, 55, 566 A.2d 670 (1989). The Connecticut Supreme Court noted that its "decisions concerning the eligibility of individuals working in the public sector for workers' compensation benefits have long distinguished between public officers and public employees, and have held that public officers not expressly included within the definition provided by § 31-275(5) are not `employees' for the purposes of the act." Id. at 61, 566 A.2d 670. The Connecticut Supreme Court then went on to state that "[i]t is undisputed that judges of the Superior Court meet the ... test that determines the existence of a public office...." Id. As such, the Connecticut Supreme Court concluded that judges were not "employees" for purposes of entitlement to workers' compensation. Id. at 66, 566 A.2d 670.
Over the next few years, the Plaintiff made numerous attempts to obtain additional benefits. She first returned to the workers' compensation review board, which ruled against her. She filed an appeal from that decision to the Connecticut Appellate Court, which ruled against her in an unpublished decision. The plaintiff then filed a petition for certification to appeal to the Connecticut Supreme Court and a petition for certiorari to the United States Supreme Court, both of which were unsuccessful. Kinney v. State, 215 Conn. 807, 576 A.2d 538 (1990); Kinney v. Connecticut, 498 U.S. 898, 111 S.Ct. 251, 112 L.Ed.2d 209 (1990).
The Plaintiff also filed an action in federal court against the Connecticut Judicial Department, then-Chief Justice of Connecticut Supreme Court Ellen A. Peters, then-Chief Court Administrator of the Connecticut Superior Court Aaron Ment, the Comptroller for the State of Connecticut, and the Treasurer for the State of Connecticut, alleging that the denial of the workers' compensation benefits impaired Judge Kinney's employment contract with the State of Connecticut and, pursuant to 42 U.S.C. § 1983, violated her Fifth and Fourteenth Amendment rights. The Honorable Peter C. Dorsey dismissed the Plaintiffs claims. The Plaintiff appealed. The Second Circuit upheld Judge Dorsey's decision, holding that the State of Connecticut did not violate the Contract Clause of the U.S. Constitution, and that the Plaintiffs Section 1983 claim was properly dismissed because the Fifth and Fourteenth Amendments only apply to property interests recognized by state law. Kinney v. Conn. Judicial Dep't, 974 F.2d 313 (2d Cir.1992). In addition, the Plaintiff filed an action in state court that was nearly identical to the action filed in federal court. The Superior Court dismissed this action on the basis that the Plaintiff's claims were barred by the doctrine of sovereign immunity. See Kinney v. State Judicial Dep't, No. CV91-395815, 1992 WL 394533 (Conn.Super.Ct. Dec. 22, 1992).
On July 29, 1994, the Plaintiff filed a negligence claim with the Office of the Claims Commissioner, seeking permission to sue the State of Connecticut. Under normal circumstances, the Plaintiff would be barred from bringing this claim because claims brought before the claims commissioner must be presented within one year after they accrue. See Conn. Gen.Stat. § 4-148(a). The Plaintiff alleged, however, that she could file her otherwise untimely claim because S.A. 94-13, § 1, which had been approved by Connecticut's legislature on June 7, 1994, provided her with authorization to present her claim to the claims commissioner by October 1, 1994. After a hearing on the merits, the claims commissioner denied permission for the Plaintiff to bring...
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