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Michael DEVINE, Administrator (Estate of Timothy Devine) v. Louis FUSARO, Jr., et al.

Clare Kindall, solicitor general, and Colleen B. Valentine and Alayna M. Stone, assistant attorneys general, in support of the petition.

Trent A. LaLima, Hartford, in opposition.

The defendants’ petition for certification to appeal from the Appellate Court, 205 Conn. App. 554, 259 A.3d 655 (AC 42164), is granted, limited to the following issue:

"Did the Appellate Court correctly conclude that, when a court determines whether sovereign immunity bars a claim against state officials or employees for actions taken in the exercise of their duties, the test set forth in Spring v. Constantino, 168 Conn. 563, 362 A.2d 871 (1975), ‘has no applicability’ when a plaintiff designates that the state officials or employees have been sued in their individual capacities?"

KELLER J., did not participate in the consideration of or decision on this petition.

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Devine v. Fusaro
(Oct 12, 2021)