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GROSS v. RELL

Docket No. 08-2626-cv.

695 F.3d 211 (2012)

Daniel GROSS, Plaintiff, Carolyn Dee King, Plaintiff-Appellant, v. M. Jodi RELL, Governor, State of Connecticut, in her official capacity; Maggie Ewald, Former Acting Long-Term Care Ombudsman of the Connecticut Department of Social Services, in her official capacity; Thomas P. Brunnock, Probate Judge for the District of Waterbury, in his individual capacity; Kathleen Donovan, in her individual capacity; Jonathan Newman, in his individual capacity; Grove Manor Nursing Home, Inc., in its individual capacity, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: September 25, 2012.

Questions Certified: October 27, 2009.

Certified Questions Answered: April 3, 2012.

Final Submission: May 29, 2012.

Attorney(s) appearing for the Case

Sally R. Zanger , Connecticut Legal Rights Project, Inc., Middletown, CT, for Plaintiff-Appellant.

Gregory T. D'auria , Associate Attorney General for the State of Connecticut ( Richard Blumenthal , Attorney General, Jane R. Rosenberg , Assistant Attorney General, Clare Kindall , Assistant Attorney General, of counsel), Hartford, CT, for Defendants-Appellees M. Jodi Rell, Maggie Ewald, and Thomas P. Brunnock.

Richard A. Roberts ( Nadine M. Pare , James R. Fiore , of counsel), Nuzzo & Roberts, L.L.C., Cheshire, CT, for Defendant-Appellee Kathleen Donovan.

Louis B. Blumenfeld ( Lorinda S. Coon , of counsel), Cooney, Scully and Dowling, Hartford, CT, for Defendant-Appellee Jonathan Newman.

Jeffrey R. Babbin , Wiggin and Dana LLP, New Haven, CT, for Defendant-Appellee Grove Manor Nursing Home, Inc.

Before: JACOBS, Chief Judge, STRAUB and HALL, Circuit Judges.

STRAUB, Circuit Judge:

On October 27, 2009, we certified questions to the Connecticut Supreme Court regarding the scope of Connecticut quasi-judicial immunity for conservators and court-appointed attorneys for conservatees, as well as regarding the role of such actors and of nursing homes that house conservatees in the Connecticut system. On April 3, 2012, the Connecticut Supreme Court answered our certified questions in an opinion, holding as a matter of state law...

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