Harnage v. Lightner, 328 Conn. 248

Summary

The Connecticut Supreme Court affirmed the dismissal of claims against state employees in their individual capacities because service of process did not comply with the applicable statutory requirements. The court also vacated the Appellate Court's remand concerning a recognizance bond because the plaintiff acknowledged that he was not pursuing claims against the defendants in their official capacities, rendering that issue moot.

Holdings

1. Service by leaving process with the Attorney General at the Office of the Attorney General under § 52-64(a) serves a state employee only in the employee's official capacity and does not properly serve the employee in an individual capacity. Because the plaintiff did not serve the defendants as required by § 52-57(a), the trial court properly dismissed the individual-capacity claims for lack of personal jurisdiction.
2. The recognizance-bond issue was moot because the plaintiff expressly acknowledged that he was not asserting claims against the defendants in their official capacities. The Appellate Court's remand for a hearing on waiver of the bond requirement was therefore vacated.

Questions Presented

1. Whether service of process on state employees by leaving the process with the Attorney General under General Statutes § 52-64(a) properly served the employees in their individual capacities.
2. Whether the recognizance-bond issue concerning the alleged official-capacity claims remained justiciable after the plaintiff expressly disclaimed any intent to sue the defendants in their official capacities.

Disposition

vacated