2nd Circuit: OFFICER CAN'T FORCE STATE TO PAY LEGAL FEE

Connecticut maintained qualified immunity against an officer's claim for state-funded legal representation to fight a prisoner's civil rights lawsuit in a ruling from the 2nd Circuit Court of Appeals.

A three-judge panel upheld the Connecticut law that gives the attorney general full discretion on when to provide state-funded counsel for officers sued for actions taken in the line of duty.

Capt. Sebastian Mangiafico was assisting officers in the removal of an inmate from his cell at the Northern Correctional Institution for setting off the sprinkler system.

The inmate sued Mangiafico and the other officers for injuries suffered from alleged illegal use of force.

Mangiafico applied to the attorney general for legal assistance, but was denied.

The trial court dismissed Mangiafico's claim for aid and the appellate court affirmed.

"We can divine no meaningful difference between the Attorney General's decision in this case not to defend a state employee and the decisions of prosecutors and government attorneys to initiate (or not to initiate) civil or administrative proceedings," said the appellate panel. "In both instances, the government attorney is serving as an advocate of the state, determining whether to commit the state's resources, reputation, and prestige to litigation."

Inf.: Mangiafico v. Blumenthal, 05-5465, 2nd Circ., Dec. 19. The circuit consists of Connecticut, New York and Vermont.