Opinion
No. CV 08-4030643 S
December 31, 2008
MEMORANDUM OF DECISION
The defendants have filed a motion to strike the plaintiff's complaint pursuant to Practice Book § 10-23, et seq. The action was brought in state court pursuant to 42 U.S.C. § 1983 and Conn. Gen. Stat. § 52-1. The plaintiff, an inmate with the department of corrections, was injured during the course of an altercation with another inmate on November 12, 2005. In general, the plaintiff argues that the defendants conspired to violate his constitutional rights and violated department regulations.
"The purpose and scope of a motion to strike are identical to those of a demurrer under the old rules of practice." (Internal quotation marks omitted.) Brennan v. Fairfield, 255 Conn. 693, 699 n. 4, 768 A.2d 433 (2001). "The purpose of a motion to strike is to contest . . . the legal sufficiency of the allegations of any complaint . . . to state a claim upon which relief can be granted." (Internal quotation marks omitted.) Fort Trumbull Conservancy, LLC v. Alves, 262 Conn. 480, 498, 815 A.2d 1188 (2003). "A motion to strike challenges the legal sufficiency of a pleading . . . and, consequently, requires no factual findings by the trial court." (Internal quotation marks omitted.) Batte-Holmgren v. Commissioner of Public Health, 281 Conn. 277, 294, 914 A.2d 996 (2007).
Upon a review of the complaint, the court cannot draw a connection between the events leading to the altercation and a claim of conspiracy. A conspiracy is defined as "an agreement by two or more persons to commit an unlawful act, coupled with an intent to achieve the agreement's objective." Black's Law Dictionary, 8th Edition. The court cannot conclude that these pleadings are sufficient to establish the nexus between the claim of injury and that of conspiracy.
As to the second issue, the court adopts the argument of the defendant as discussed in cases such as Sandin v. Connor, 515 U.S. 472, 481, 115 S.Ct. 2293, 132 L.Ed.2d 418 (1995), and Rufus Smith v. Commissioner of Correction, 2001 Conn.Super.LEXIS 3606 (2001), that prison regulations are "primarily designed to guide correctional officials in the administration of a prison [and] are not designed to confer rights on inmates."
The motion to strike is granted.