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CT Guard Denied Sovereign Immunity for Harassing Prisoner
Anthony Torres, a Connecticut state prisoner, was repeatedly taunted,
called a child molester and threatened with violence by a guard named John
Zina at Connecticut's Northern Correctional Institute. When Warden Wayne
Choinski wouldn't remedy the problem, Torres sued Zina and Choinski for
damages in the Superior Court of Connecticut, Judicial District of Tolland
at Rockville. The defendants moved for dismissal, claiming sovereign immunity.
The court found that Choinski was acting within the scope of his duties as
a state officer when he refused to stop Zina from harassing Torres, which
entitled him to sovereign immunity. The case against him was dismissed.
But the court found that Zina wasn't acting within the scope of his
official duties when he harassed Torres; thus, he was not entitled to
immunity. Zina's motion to dismiss was denied. See: Torres v. Zina
(Conn.Super., 2005) (2005 WL 1634514).
called a child molester and threatened with violence by a guard named John
Zina at Connecticut's Northern Correctional Institute. When Warden Wayne
Choinski wouldn't remedy the problem, Torres sued Zina and Choinski for
damages in the Superior Court of Connecticut, Judicial District of Tolland
at Rockville. The defendants moved for dismissal, claiming sovereign immunity.
The court found that Choinski was acting within the scope of his duties as
a state officer when he refused to stop Zina from harassing Torres, which
entitled him to sovereign immunity. The case against him was dismissed.
But the court found that Zina wasn't acting within the scope of his
official duties when he harassed Torres; thus, he was not entitled to
immunity. Zina's motion to dismiss was denied. See: Torres v. Zina
(Conn.Super., 2005) (2005 WL 1634514).
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Related legal case
Torres v. Zina
| Year | 2005 |
|---|---|
| Cite | (Conn.Super., 2005) (2005 WL 1634514) |
| Level | State Trial Court |
| Attorney Fees | 0 |
| Damages | 0 |
| Injunction Status | N/A |