Taylor v. Commissioner of Correction

47 A.3d 466, 137 Conn. App. 135, 2012 WL 2892214, 2012 Conn. App. LEXIS 353
Connecticut Appellate Court·Decided July 24, 2012·No. AC 33283·Published·Cited by 2 cases

Opinion

Opinion

ESPINOSA, J.

The plaintiff, David Taylor, who presently is incarcerated in this state, appeals from the judgment of the trial court dismissing his petition for a declaratory judgment ordering that the defendant, the commissioner of correction, grant the plaintiffs request to serve the remainder of his prison sentence in the United Kingdom. The plaintiff claims that the court improperly determined that he was not aggrieved by the defendant’s decision not to grant his request for a transfer to the United Kingdom and therefore lacked standing to bring the present action. We affirm the judgment of the trial court.

The following undisputed facts are relevant to our consideration of this appeal. The plaintiff, a citizen of the United Kingdom, presently is serving a mandatory minimum twenty-five year sentence in connection with his conviction for the murder of his girlfriend.1 He is incarcerated in this state. Since 2001, the plaintiff has made several requests to the defendant for a transfer to the United Kingdom. The plaintiff made his latest request in 2007. The defendant denied this request in a letter dated April 30, 2009, citing as the grounds for its denial the seriousness of the crime of which the plaintiff was convicted, the length of the plaintiffs sentence, the time remaining on the plaintiffs sentence, the disparity between the administration of the plaintiffs sentence in Connecticut and the United Kingdom and [137]*137the potential impact that granting the request would have on the victim’s family.

On April 13, 2010, the plaintiff filed his complaint requesting a declaratory judgment ordering that the defendant transfer him to serve the remainder of his sentence in the United Kingdom. Citing General Statutes § 18-91a, 18 U.S.C. § 4100 et seq. and the Convention on the Transfer of Sentenced Persons, March 21, 1983,35 U.S.T. 2867,1496 U.N.T.S. 92 (treaty), the plaintiff asserted that the defendant had imposed arbitrary conditions on his transfer in violation of state, federal and international law.

On May 14, 2010, the defendant filed a motion to dismiss. The defendant argued that the plaintiff had failed to allege a violation of any right guaranteed to him by state or federal law.2 On February 10, 2011, the court granted the defendant’s motion. The court determined that the plaintiff was not legally injured or aggrieved by the defendant’s decision not to transfer him to the United Kingdom and, accordingly, it held that he lacked standing to maintain the action. The plaintiff filed the present appeal on March 21, 2011.

The plaintiff claims that the court improperly determined that he was not aggrieved by the defendant’s decision not to grant his request for a transfer and therefore lacked standing to bring the present action. He argues that he is both classically and statutorily aggrieved in that he has a personal and protectable interest in being transferred to his country of citizenship. Although § 18-9 la provides that the defendant “may” consent to the international transfer of a prisoner, the plaintiff maintains that the statute does not [138]*138confer on the defendant unlimited discretion to grant or to deny requests for such transfers. He argues that the legislative history of § 18-9 la reveals that the legislature intended to comply fully with the terms of the treaty and that the defendant’s refusal to grant his transfer is inconsistent with the treaty and, by extension, the legislative intent underlying § 18-91a. We are not persuaded.

“[Standing is not a technical rule intended to keep aggrieved parties out of court; nor is it a test of substantive rights. Rather it is a practical concept designed to ensure that courts and parties are not vexed by suits brought to vindicate nonjusticiable interests and that judicial decisions which may affect the rights of others are forged in hot controversy, with each view fairly and vigorously represented. . . . Two broad yet distinct categories of aggrievement exist, classical and statutory. . . . Classical aggrievement requires a two part showing. First, a party must demonstrate a specific, personal and legal interest in the subject matter of the decision, as opposed to a general interest that all members of the community share. . . . Second, the party must also show that the [party’s] decision has specially and injuriously affected that specific personal or legal interest. . . . Aggrievement does not demand certainty, only the possibility of an adverse effect on a legally protected interest. . . . Statutory aggrievement exists by legislative fiat, not by judicial analysis of the particular facts of the case. In other words, in cases of statutory aggrievement, particular legislation grants standing to those who claim injury to an interest protected by that legislation. . . . Where a party is found to lack standing, the court is consequently without subject matter jurisdiction to determine the cause. . . . We have long held that because [a] determination regarding a trial court’s subject matter jurisdiction is a question of law, our review is plenary.” (Citations [139]*139omitted; internal quotation marks omitted.) Canty v. Otto, 304 Conn. 546, 556-57, 41 A.3d 280 (2012).

Section 18-91a (a) provides: “If a treaty between the United States and a foreign country provides for the transfer or exchange of convicted offenders to the country of which they are citizens or nationals, the Commissioner of Correction may, on behalf of the state and subject to the terms of the treaty, consent to the transfer or exchange of offenders and take any other action necessary to initiate the participation of the state in the treaty. No offender shall be transferred or exchanged under this section unless he consents to such transfer or exchange.”

We agree with the court that the plaintiff has failed to demonstrate that he was aggrieved by the defendant’s decision to deny his request for a transfer and that, accordingly, the plaintiff lacked standing to bring the present action. First, we conclude that the plaintiff has failed to demonstrate that he was statutorily aggrieved by the defendant’s decision. “In order to determine whether a party has standing to make a claim under a statute, a court must determine the interests and the parties that the statute was designed to protect. . . . Essentially the standing question in such cases is whether the . . . statutory provision on which the claim rests properly can be understood as granting persons in the plaintiffs position a right to judicial relief.” (Internal quotation marks omitted.) McWeeny v. Hartford, 287 Conn. 56, 65, 946 A.2d 862 (2008). Accordingly, whether § 18-91a provides for statutory aggrievement is a question of statutory interpretation. “When construing a statute, [o]ur fundamental objective is to ascertain and give effect to the apparent intent of the legislature. ... In other words, we seek to determine, in a reasoned manner, the meaning of the statutory language as applied to the facts of [the] case.” (Internal quotation marks omitted.) Brouillard v. Connecticut Siting [140]*140Council, 133 Conn. App. 851, 855, 38 A.3d 174, cert. denied, 304 Conn.

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Taylor v. Commissioner of Correction, 47 A.3d 466, 137 Conn. App. 135, 2012 WL 2892214, 2012 Conn. App. LEXIS 353 (Colo. Ct. App. 2012).

47 A.3d 466 (Taylor v. Commissioner of Correction) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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