In a 42 U.S.C. section 1983 action alleging that the state unlawfully established an involuntary conservatorship over plaintiff, dismissal of the complaint is affirmed in part where the judge responsible for the conservatorship did not act in the clear absence of subject matter jurisdiction, and he was not aware of the defects in personal jurisdiction, making judicial immunity appropriate. However, as to the issue of quasi-judicial immunity under Connecticut law, the court certified the following question to the Connecticut Supreme Court: What is the role of conservators, court-appointed attorneys for conservatees, and nursing homes in the Connecticut probate court system, in light of the six factors for determining quasi-judicial immunity outlined in Cleavinger v. Saxner, 474 U.S. 193, 201-02 (1985)?
Read Gross v. Rell, No. 08-2626
Argued: May 20, 2009
Question Certified: October 27, 2009
Opinion by Judge Straub
Sall R. Zanger, Connecticut Legal Rights Project, Inc., Middletown, CT
Gregory T. D'Auria, Jane R. Rosenberg, Clare Kindall, Associate Attorneys General, Hartford, CT