Torres v. State of Connecticut Department of Corrections

Memorandum of Law in Opposition to Motion for Summary Judgment and in Support of Cross Motion for Summary Judgment


The issues addressed by this brief are (1) whether the state can rely on the governmental nature of the activities at issue to support immunity where the State has already agreed to waive its immunity and permit the suit to proceed pursuant to C.G.S. 4-159; (2)whether the department of corrections had a duty to securely confine a dangerous criminal such that it may be held liable where it allows the criminal to escape and he subsequently rapes and murders a young girl; (3) whether the doctrine of res ipas loquiter applies to establish the breach of such duty where the criminal escapes; and (4) whether the criminal act was an intervening cause that precluded liability.

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Reference Info:Legal Memoranda: Motions for Summary Judgment/Adjudication | State, 2nd Circuit, Connecticut | United States

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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