FOTI, J.
The defendants Christina Ghio and Robert Teitelman appeal from the judgment of the trial court denying their motion to dismiss counts seven through ten of the eighth amended complaint filed by the plaintiff, Andrew Cimmino, for want of subject matter jurisdiction.
At all times relevant to the allegations in the plaintiff's complaint, Ghio was employed as an attorney by the Office of the Child Advocate and Teitelman was employed as an assistant attorney general. In his complaint, with respect to both Ghio, in counts seven and eight, and Teitelman, in counts nine and ten, the plaintiff alleged tortious interference with contract and intentional infliction of emotional distress. On the basis of the allegations against the defendants, the plaintiff sought compensatory and punitive damages, as well as "such relief as may be deemed appropriate" by the court.
On March 29, 2012, the defendants moved to dismiss counts seven, eight, nine, and ten of the plaintiff's complaint for lack of subject matter jurisdiction, contending that the claims therein were barred by the doctrine of sovereign immunity or, alternatively, by the defense of statutory immunity pursuant to § 4-165. The court denied the defendants' motion with respect to the defendants' claims of sovereign immunity. The court ruled that the doctrine did not apply because: (1) the defendants had been sued in their individual capacities only, (2) the complaint contained allegations that the defendants exceeded their statutory authority, and (3) the complaint did not seek money damages from the state. With respect to the claims of statutory immunity pursuant to § 4-165, the court ruled that statute did not apply because it only immunizes state employees from liability for negligence, not "the type of wilful and intentional conduct alleged against both defendants" in the complaint. This appeal followed.
"As we must in reviewing a motion to dismiss, we take the facts to be those alleged in the complaint, including those facts necessarily implied from the allegations, construing them in a manner most favorable to the pleader." (Internal quotation marks omitted.) Miller v. Egan, 265 Conn. 301, 305, 828 A.2d 549 (2003).
In April, 2008, a department employee contacted the plaintiff to inform him that he was again under investigation in connection with the 2002 allegations. During the course of the April, 2008 investigation, four photographs relating to the allegations were presented to the plaintiff. The photographs, which were the impetus for the department's renewal of its investigation, were taken by Marcoccia, an employee at the school. Marcoccia delivered the photographs to the department in retaliation for the plaintiff's attempts to reveal her fraudulent misappropriation of school funds. The April, 2008 investigation terminated in favor of the plaintiff.
Thereafter, in July, 2009, Marcoccia, Lyddy, and Tied-man met with John DiDonato, the assistant superintendent of Bridgeport public schools, to present renewed allegations against the plaintiff in connection with the 2002 incident.
The defendants claim that the trial court improperly denied their motion to dismiss the claims asserted against them on the basis of sovereign immunity. Specifically, the defendants contend that, although the plaintiff's complaint purports to sue them in their individual capacities only, the state nevertheless is the real party in interest pursuant to the four-prong test first articulated
We begin by setting forth the applicable standard of review and relevant principles of law. "The standard of review for a court's decision on a motion to dismiss is well settled. A motion to dismiss tests, inter alia, whether, on the face of the record, the court is without jurisdiction.... [O]ur review of the court's ultimate legal conclusion and resulting [determination] of the motion to dismiss will be de novo.... In addition, [s]overeign immunity relates to a court's subject matter jurisdiction over a case, and therefore [also] presents a question of law over which we exercise de novo review.... In so doing, we must decide whether [the trial court's] conclusions are legally and logically correct and find support in the facts that appear in the record.... The principle that the state cannot be sued without its consent, or sovereign immunity, is well established under our case law.... It has deep roots in this state and our legal system in general, finding its origin in ancient common-law.... Not only have we recognized the state's immunity as an entity, but [w]e have also recognized that because the state can act only through its officers and agents, a suit against a state officer concerning a matter in which the officer represents the state is, in effect, against the state.... Exceptions to this doctrine are few and narrowly construed under our jurisprudence." (Citation omitted; emphasis omitted; internal quotation marks omitted.) Chief Information Officer v. Computers Plus Center, Inc., 310 Conn. 60, 79-80, 74 A.3d 1242 (2013).
In the present case, although the plaintiff purports to sue the defendants in their individual capacities and the state is not named as a defendant, we do not determine "[w]hether a particular action is one against the state ... solely by referring to the parties of record." (Internal quotation marks omitted.) Kenney v. Weaving, 123 Conn.App. 211, 215-16, 1 A.3d 1083 (2010). "[T]he fact that the state is not named as a defendant does not conclusively establish that the action is not within the principle which prohibits actions against the sovereign without its consent.... The vital test is to be found in the essential nature and effect of the proceeding." (Internal quotation marks omitted.) Spring v. Constantino, supra, 168 Conn. at 568, 362 A.2d 871. "To determine whether an action is against the state or against a defendant in his individual capacity, we look to the four criteria established by our Supreme Court in [Somers v. Hill, supra, 143 Conn. at 479-80, 123 A.2d 468] and ... explained ... in [Spring v. Constantino, supra, at 568, 362 A.2d 871]. If all four criteria are satisfied, the action is deemed to be against the state and, therefore, is barred." Kenney v. Weaving, supra, at 216, 1 A.3d 1083. Accordingly, we must determine whether "(1) a state official has been sued; (2) the suit concerns some matter in which that official represents the state; (3) the state is the real party against whom relief is sought; and (4) the judgment, though nominally against the official, will operate to control the activities of the state or subject it to liability." Spring v. Constantino, supra, at 568, 362 A.2d 871.
Beginning with the first criterion, it is undisputed that the defendants are both state officials, satisfying the first criterion.
Turning to the third criterion, the plaintiff argues that he unequivocally sued the defendants in their individual capacities only and that these allegations establish "that the state is not the real party against whom relief is sought." The plaintiff seeks damages allegedly caused by the conduct of the defendants in the discharge of their official duties, namely, conducting a joint investigation into "the manner in which allegations that school employees have abused and/or neglected children are addressed." That the plaintiff purports to sue the defendants only in their individual capacities is not, in itself, determinative of whether the state is the real party in interest. See Sullins v. Rodriguez, 281 Conn. 128, 136, 913 A.2d 415 (2007) ("test set forth in Spring and Miller is an appropriate mechanism ... to determine the capacity in which the named defendants are sued in actions asserting violations of state law"); Kenney v. Weaving, supra, 123 Conn.App. at 215-16, 1 A.3d 1083 (we do not determine whether action is against state solely by referring to parties of record). The damages sought by the plaintiff are premised entirely on injuries alleged to have been caused by the defendants in performing acts that were part of their official duties. We conclude that the state is the real party in interest and, accordingly,
Finally, the fourth criterion, that the judgment, though nominally against state officials, will operate to control the activities of the state, is also satisfied. Any judgment against the defendants would impact the manner in which state officials conduct investigations.
In sum, because the criteria in Spring are satisfied, we conclude that the plaintiff's complaint alleged claims against the defendants in their official capacities. The action against the defendants is, in effect, against the state. This conclusion does not end our inquiry, however, as "[t]he sovereign immunity enjoyed by the state is not absolute." (Internal quotation marks omitted.) Macellaio v. Newington Police Dept., supra, 142 Conn.App. at 183 n. 6, 64 A.3d 348. There are three exceptions to the doctrine of sovereign immunity: "(1) when the legislature, either expressly or by force of a necessary implication, statutorily waives the state's sovereign immunity ... (2) when an action seeks declaratory or injunctive relief on the basis of a substantial claim that the state or one of its officers has violated the plaintiff's constitutional rights ... and (3) when an action seeks declaratory or injunctive relief on the basis of a substantial allegation of wrongful conduct to promote an illegal purpose in excess of the officer's statutory authority." (Internal quotation marks omitted.) Id. In the present case, the plaintiff seeks money damages for harm caused by the defendants in the discharge of their official duties. The plaintiff has not directed us to any statute indicating that the legislature has waived sovereign immunity for this action. Moreover, the plaintiff does not seek declaratory or injunctive relief. The action does not fall within any recognized exception to the doctrine of sovereign immunity and is, therefore, barred. Accordingly, the trial court improperly denied the defendants' motion to dismiss for want of subject matter jurisdiction.
The judgment denying the defendants' motion to dismiss is reversed and the case is remanded with direction to grant the motion, and to render judgment dismissing counts seven, eight, nine, and ten of the complaint.
In this opinion the other judges concurred.