SMITH v. LEVESQUE, No. CV 07 4006583 S (May 22, 2007)

SAMUEL J. SFERRAZZA, J.

The defendant, Frederick Levesque, is the Director of Offender Classification and Population Management within the Connecticut Department of Corrections. The plaintiff, an inmate, sues the defendant for monetary damages because the defendant assigned the plaintiff to two different rehabilitation programs based on a single determination, after a hearing, that the plaintiff was a chronic disciplinary problem. The defendant moves to strike this complaint because it fails to set forth a cognizable cause of action.

The court agrees. The court discerns no state or federal constitutional right which limits prison authorities to requiring an inmate who engages in chronic misbehavior to only one corrective program. The motion to strike the complaint is granted.

CT Page 7444