Statewide Grievance Committee v. Harris, No. Cv93 0531164s (Jun. 12, 1995)

Connecticut Superior Court

Statewide Grievance Committee v. Harris, No. Cv93 0531164s (Jun. 12, 1995)

1995 Conn. Super. Ct. 7393, 14 Conn. L. Rptr. 305

CourtConnecticut Superior Court

DecidedJune 12, 1995

DocketNo. CV93 0531164S

StatusUnpublished

This text of 1995 Conn. Super. Ct. 7393 (Statewide Grievance Committee v. Harris, No. Cv93 0531164s (Jun. 12, 1995)) is published on Counsel Stack Legal Research, covering Connecticut Superior Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Statewide Grievance Committee v. Harris, No. Cv93 0531164s (Jun. 12, 1995), 1995 Conn. Super. Ct. 7393, 14 Conn. L. Rptr. 305 (Colo. Ct. App. 1995).

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Opinion

[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.]MEMORANDUM OF DECISION ON MOTION TO DISMISS DATEDMARCH 9, 1994 and OBJECTION THERETO DATED MAY 23, 1994 Petitioner seeks to dismiss Count 19 of Respondent's counterclaim, claiming that the court lacks jurisdiction. Count 19 alleges that this action is barred in that it restricts trade and is prohibited under Antitrust laws (Sherman Act, FTC Act, Clayton Act.)

The court holds that the petitioner's motion should be granted and the respondent's objection thereto should be overruled. When a state legislature adopts legislation, its actions constitute those of the state and are exempt from antitrust laws. Hoover v. Ronwin, 466 U.S. 558, 567-568,104 S.Ct. 1989, 80 L.Ed.2d 590, reheating denied 467 U.S. 1268 (1984). The Petitioner acts as an "arm of the court" in carrying out its responsibilities under the Practice Book,Sobocinsky v. Statewide Grievance Committee, 215 Conn. 517,526 (1990), and thus also enjoys antitrust immunity.

Petitioner also requests that respondent's claim for costs and expenses be dismissed. The imposition of costs and expenses against the state is prohibited under the doctrine of sovereign immunity. If the state cannot be sued without its consent, the monetary awards such as costs, cannot be taxed against the state. State v. Chapman, 176 Conn. 362, 366.

The immunity from liability for costs enjoyed by the state extends to state officers, boards or other agencies.Ferro v. Morgan, 35 Conn. Sup. 679, 682 (Conn.Super.Ct. 1979). The judicial branch has established the Statewide Grievance Committee to act as an arm of the court in carrying out its responsibilities under the Practice Book. Sobocinskyv. Statewide Grievance Committee, supra, 215 Conn. 526; CT Page 7394Statewide Grievance Committee v. v. Rozbicki, 211 Conn. 232, 239 (1989). The Statewide Grievance Committee is, therefore, a state agency and is immune from liability for costs and expenses under the doctrine of sovereign immunity.

The Motion to Dismiss is granted and the objection thereto is overruled.

Allen, State Trial Referee

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[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.]MEMORANDUM OF DECISION ON MOTION TO DISMISS DATEDMARCH 9, 1994 and OBJECTION THERETO DATED MAY 23, 1994 Petitioner seeks to dismiss Count 19 of Respondent's counterclaim, claiming that the court lacks jurisdiction. Count 19 alleges that this action is barred in that it restricts trade and is prohibited under Antitrust laws (Sherman Act, FTC Act, Clayton Act.)

The court holds that the petitioner's motion should be granted and the respondent's objection thereto should be overruled. When a state legislature adopts legislation, its actions constitute those of the state and are exempt from antitrust laws. Hoover v. Ronwin, 466 U.S. 558, 567-568,104 S.Ct. 1989, 80 L.Ed.2d 590, reheating denied 467 U.S. 1268 (1984). The Petitioner acts as an "arm of the court" in carrying out its responsibilities under the Practice Book,Sobocinsky v. Statewide Grievance Committee, 215 Conn. 517,526 (1990), and thus also enjoys antitrust immunity.

Petitioner also requests that respondent's claim for costs and expenses be dismissed. The imposition of costs and expenses against the state is prohibited under the doctrine of sovereign immunity. If the state cannot be sued without its consent, the monetary awards such as costs, cannot be taxed against the state. State v. Chapman, 176 Conn. 362, 366.

The immunity from liability for costs enjoyed by the state extends to state officers, boards or other agencies.Ferro v. Morgan, 35 Conn. Sup. 679, 682 (Conn.Super.Ct. 1979). The judicial branch has established the Statewide Grievance Committee to act as an arm of the court in carrying out its responsibilities under the Practice Book. Sobocinskyv. Statewide Grievance Committee, supra, 215 Conn. 526; CT Page 7394Statewide Grievance Committee v. v. Rozbicki, 211 Conn. 232, 239 (1989). The Statewide Grievance Committee is, therefore, a state agency and is immune from liability for costs and expenses under the doctrine of sovereign immunity.

The Motion to Dismiss is granted and the objection thereto is overruled.

Allen, State Trial Referee

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1995 Conn. Super. Ct. 7393, 14 Conn. L. Rptr. 305, Counsel Stack Legal Research, https://law.counselstack.com/opinion/statewide-grievance-committee-v-harris-no-cv93-0531164s-jun-12-1995-connsuperct-1995.

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