The AG is protected by both prosecutorial immunity and sovereign immunity as a state employee. If there is no statute for compensation for false imprisonment there is very little that can be done. In order to get around the sovereign immunity doctrine Connecticut residents have to file a claim with the Claims Commissioner seeking recovery of damages or in the alternative permission to sue the state in either federal or state court. I suppose the released inmate could try this approach with some common law tort claim for false imprisonment, but it probably will not get him around the prosecutorial immunity.
When I draft contracts for clients dealing with the State I always draft into it a paragraph in which the state consents to be sued as a way around the Claims Commissioner. Whether the State will enter into the contract is another matter. Depends upon how badly they want the goods or services provided by my client or if his price is better than his competitors.
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