The mission of the Connecticut Judicial Branch is to serve the interests of justice and the public by resolving matters brought before it in a fair, timely, efficient and open manner.

Declaratory Judgment Law Supreme Court Slip Opinion

by Roy, Christopher


SC20377 - Francis v. Board of Pardons & Paroles ("The plaintiff, Ernest Francis, an inmate in a Connecticut correctional facility, brought this declaratory judgment action, proceeding pro se, against the defendants, the Board of Pardons and Paroles (board) and the Commissioner of Correction (commissioner). The plaintiff sought a judgment declaring that General Statutes § 54-125g applies to him, that the commissioner must factor his eligibility for early release under § 54-125g into his 'time sheet,' and that the commissioner must 'schedule dates to determine [his] suitability for release.' Thereafter, the trial court, sua sponte, ordered the parties to file briefs addressing the issue of whether the plaintiff's claims were ripe for review given that, even if § 54-125g applied to the plaintiff, he would not be eligible for parole under the statute for several years. After a hearing on that issue, the trial court concluded that the plaintiff's claims were not ripe and dismissed the action for lack of subject matter jurisdiction. The plaintiff appealed to the Appellate Court, which affirmed the judgment in a memorandum decision. Francis v. Board of Pardons & Paroles, 189 Conn. App. 906, 204 A.3d 1263 (2019). This court granted the plaintiff's petition for certification on the following issue: 'Did the Appellate Court properly uphold the trial court's dismissal of the plaintiff's declaratory judgment action as not ripe?' Francis v. Board of Pardons & Paroles, 333 Conn. 907, 215 A.3d 731 (2019). We affirm the judgment of the Appellate Court.")