Sullins v. Rodriguez

Opinion

BORDEN, J.

The defendant Larry Myers, 1 the former warden of Northern correctional institution, appeals from the judgment of the trial court denying his motion to dismiss the complaint of the plaintiff, Ontwon Sullins, for lack of subject matter jurisdiction. The defendant contends that the trial court improperly concluded that the doctrine of sovereign immunity does not bar the plaintiffs claims. 2 Specifically, the defendant argues that the trial court improperly: (1) applied federal, not state, sovereign immunity law; and (2) rejected the defendant’s position that the state is the…