Section 4-61dd

Citation: Section 4-61dd
Parent Document: Commissioner of Mental Health & Addiction Services v. Saeedi, 143 Conn. App. 839 (2013)
Jurisdiction: Connecticut (state)
Effective Date: 2013-07-09
Original Source: https://www.courtlistener.com/opinion/7915192/commissioner-of-mental-health-a... ↗

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The plaintiffs, in their answer filed in response to Saeedi’s complaint to the commission, asserted a single special defense, claiming that the office of public hearings lacked subject matter jurisdiction.12 In their motion to dismiss filed prior to their hearing before the referee, the plaintiffs again argued that the office of public hearings lacked subject matter jurisdiction over Saeedi’s claims, not that Saeedi’s claims were barred by a mandatory statute of limitations. Saeedi, in his objection to the plaintiffs’ motion to dismiss, argued not only that § 4-61dd did not implicate the subject matter jurisdiction of the office of public hearings, but that any defense the plaintiffs may have had pursuant to the filing period contained in § 4-61dd had been waived because they had failed to plead it in their answer. For the first time, *853in their trial brief to the referee, the plaintiffs argued that § 4-61dd “mandates a [thirty day] statute of limitation[s] for the filing of a [whistle-blower] complaint,” and, accordingly, Saeedi’s “allegations are untimely.”13 They did not, however, explain how this purported untimeliness impacted Saeedi’s claims. Saeedi, in his trial brief, reiterated that the plaintiffs, in failing to plead it, had waived any potential statute of limitations defense. The referee addressed the statute of limitations issue in finding that the continuing course of conduct doctrine tolled the thirty day filing period prescribed by § 4-61dd.

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