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Dwayne B.
Dwayne B., Lawyer
Category: Employment Law
Satisfied Customers: 32319
Experience:  Employment Law Expert
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My son has worked state of Ct 20 year on and off thru the

Customer Question

My son has worked for the state of Ct for almost 20 year on and off thru the years he has had problems with alcohol, this past May he received his 2nd DUI, he went away for a month to a rehabilitation place, when he came back he went into AA religiously, lost 30 lbs, put one of those breathalizers in his car and continued to work. In Jan they incarcerated him for 120 days, though he is already being told he may have to do 45 to 60 days instead. The prisons are so full that they put him in one large gym, just filled with beds. They were supposed to put him in a part of the prison just for people like him DUI's etc, but he is in the mist of gang members etc. He asked us to get a hold of Hartford CT Human Resoures and file an Injunction for him, two things we only have a few days left because we have been calling HR since the day after he was put away, we cannot get through to anyone their mailboxes are always full, I was under the impression that their job was to help their state workers, second question what exactly in an injunction and how will it help my son? Thank you so much. Mrs ******
Submitted: 10 months ago.
Category: Employment Law
Expert:  Dwayne B. replied 10 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts.

I am not sure whether the HR department would provide attorneys or help an employee find an attorney for a case like this. If they did then it would be the first one I have seen that would do so since this would be a lawsuit against the criminal justice system of the state and a direct derivative of a criminal case.

As to your second question (what is an injunction and how will it help?) an injunction is an order of the court directed to someone telling them to stop doing something (usually). In your son's case and based on what you have written it sounds like what he will be asking a judge to do is order the jail/prison to stop housing him with the "general population" and instead to put him in the section of the prison for people with DUIs.

The steps to an injunction are:

1) An Application for TRO (Temporary Restraining Order) is filed along with supporting evidence such as affidavits. Usually the Application for Injunction is made at the same time. The TRO is a temporary measure and is not absolutely required before you get an injunction.
2) An Ex Parte (without the other side present) Hearing is conducted and the judge either issues the TRO or denies it. If the TRO is issued the judge orders a bond set in a sufficient amount to compensate the other side for any damages accumulated while the TRO is in place if the applicant fails to prove their right to an injunction.
3) A hearing on the TRO is set.
4) The TRO and notice of Hearing is served on the defendant.
5) The defendant should immediately begin following the judge's orders.
6) The TRO hearing is held and each side has an opportunity to present evidence and question witnesses.
7) The judge makes the decision on whether to convert the TRO to a Temporary Injunction or not.
8) If the TRO is converted to a Temporary Injunction then the judge sets a new bond to be in place.
9) Discovery is conducted by both sides.
10) A request for hearing date is made on the matter of converting the Temporary Injunction into a Permanent Injunction.
11) The hearing/trial is held on the Permanent Injunction and the judge issues a ruling.

These are what are known as extraordinary remedies and the procedural rules for these as well as the case law are EXTREMELY specific and difficult. If ANY mistakes are made the judge has no choice but to deny the relief and will not likely reconsider it in the future.

Just as an example, getting injunctive relief, both temporary and permanent, requires that evidence be offered of:
1) An immediate need,
2) Which, if not granted, will result in irreparable harm,
3) With no adequate remedy at law, and
4) (on temporary order) The person requesting the injunction is likely to succeed at a full trial on the merits.

If evidence is not offered to meet these four requirements, in a manner that the judge knows this is what the evidence shows, then the petition will be denied.

There are more requirements than this depending on the exact facts of the case but it is very, very easy to mess up one of these and end up having to pay damages to the other side just because your paperwork wasn't done properly.