Florida Nursing Home Lawyer Blog
Recently, a unique case came before the Supreme Court in Connecticut regarding whether a private nursing home, which served both patients in state care and parolees from prison, would be shielded by the protections of sovereign immunity.
The case stemmed from a dispute between the owners of the private facility and the local municipality in which it operated. The city had tried to block the opening of the facility, but was unsuccessful when a superior court judge blocked the town’s request for injunction and further dismissed the lawsuit. The home started admitting patients in the spring of 2013, but the town filed an appeal directly with the state supreme court, bypassing the appellate court.
Nursing home administrators argued that because they were chosen to carry out certain functions mandated by the state (i.e., caring for state wards who are mentally ill as well as state prison parolees), the center should be immune from any local interference.