Judiciary Committee

JOINT FAVORABLE REPORT

Bill No.:

HJ-99

Title:

RESOLUTION CONFIRMING THE DECISION OF THE CLAIMS COMMISSIONER TO DISMISS THE CLAIM AGAINST THE STATE OF DANIEL M. LYNCH.

Vote Date:

3/30/2016

Vote Action:

Joint Favorable Substitute

PH Date:

3/21/2016

File No.:

SPONSORS OF BILL:

Judiciary Committee

REASONS FOR BILL:

To vacate the decision of the Claims Commissioner and allow the claim of Daniel M. Lynch against the state to proceed, in light of the past permission to sue granted by the Commission on Human Rights and Opportunities and important questions of legal immunity and due process arising from this case.

SUBSTITUTE LANGUAGE:

The substitute language alters the original language that confirmed the decision of the Claims Commissioner, and instead vacates the decision of the Claims Commissioner and authorizes Mr. Lynch to institute an action against the state.

RESPONSE FROM ADMINISTRATION/AGENCY:

None.

NATURE AND SOURCES OF SUPPORT:

Daniel M. Lynch, a resident of Waterbury: Mr. Lynch testified in opposition to the original bill and in support of the substitute language, and urged the committee to reverse the Claims Commissioner's decision. Mr. Lynch claims that, through acts and omissions, the state had stripped him of the ability to pursue a legal grievance against opposing counsel in a divorce action. The opposing attorney had been given permission to resign from the bar prior to a final determination of Mr. Lynch's grievance, thus preventing him from receiving an award for damages in that action.

NATURE AND SOURCES OF OPPOSITION:

None expressed.

Reported by: Jerald Lentini

Date: 4/12/16