2011 Connecticut Code
Title 6 Counties and County Officers. Judicial and State Marshals
Chapter 78 Judicial and State Marshals
Sec. 6-32. Duties.

      Sec. 6-32. Duties. Each state marshal shall receive each process directed to such marshal when tendered, execute it promptly and make true return thereof; and shall, without any fee, give receipts when demanded for all civil process delivered to such marshal to be served, specifying the names of the parties, the date of the writ, the time of delivery and the sum or thing in demand. If any state marshal does not duly and promptly execute and return any such process or makes a false or illegal return thereof, such marshal shall be liable to pay double the amount of all damages to the party aggrieved.

      (1949 Rev., S. 453; P.A. 79-497, S. 1, 6; P.A. 80-394, S. 9, 13; P.A. 84-108, S. 1; P.A. 00-99, S. 129, 154; P.A. 01-195, S. 8, 181.)

      History: P.A. 79-497 added duties re transportation and custody of prisoners between municipal lockup and geographical area courthouses, effective January 1, 1981; P.A. 80-394 repealed amendment enacted by 1979 act; P.A. 84-108 applied provisions to deputy sheriffs, required that executions be made "promptly" and increased liability to double the amount of all damages to the aggrieved party; P.A. 00-99 replaced reference to sheriff and deputy sheriff with state marshal, effective December 1, 2000; P.A. 01-195 made technical changes for purposes of gender neutrality, effective July 11, 2001.

      Damages are recoverable for failure to make service of execution. 2 R. 251. In serving civil process the officer alone is liable for illegal acts done without the assent of plaintiff. Id., 347. Degree of diligence required of officer in service of process. 1 D. 128; 15 C. 46. Lawful levy having been made, subsequent neglect of duty will not make officer a trespasser. 4 D. 264. Body of debtor may be levied on if personal property is not turned out on demand. Id., 382. Extent of liability of officer for neglect of duty. 5 D. 37. Rule of damages for failure to return execution and for false return. Id., 221. Order enlarging jail limits, held justification for escape, when. Id., 506. Officer may release the body and attach personal estate. 1 C. 258. Liable at common law for neglect of official duty. Id., 349. No agreement between parties as to forbearance will excuse officer. 2 C. 418. Testimony of officer not admissible to change his return on execution. 3 C. 532. Return on execution is prima facie evidence of the facts stated therein, but not conclusive. 4 C. 94, 426; 6 C. 337; 15 C. 36; 28 C. 241. Evidence is admissible to explain or change return made by officer. 4 C. 361. Special directions to officer not necessary, nor do they excuse neglect of official duty. Id., 535. Officer is not responsible for deficiency in proceeds of sale except for neglect and bad faith. 5 C. 480. Liability of officer for money paid on execution on judgment afterwards reversed. 6 C. 372. Officer liable for levy of void execution, but not for levy of execution erroneously issued. 7 C. 6. It is a presumption of law that an officer has done his duty. Id., 367, 512; 8 C. 137. In an action against an officer for defective levy on land, debtor's lack of title in land may be shown. 9 C. 45. Duty and liability of officer not affected by his knowledge if process is regular. Id., 145. Distinction between liability arising from failure to return mesne process and failure to return execution. Id., 221, 222. Rule of damages for neglect of duty in service of mesne process. Id., 385; 10 C. 5; 16 C. 558; 26 C. 333; 70 C. 150. Liability for misconduct in discharging a lien created by attachment. 15 C. 272. An officer attaching goods subject to lien for freight by paying the freight is subrogated to rights of carrier. 16 C. 85. Levy of execution on property exempt is the same in principle as levy on property of third person. Id., 147. Officer's liability for attachment when not subsequently complying with all legal requirements. Id., 548. No liability for not attaching real estate unless so directed. Id., 558. Not liable for neglect if acting under creditor's directions. 19 C. 99. In action against officer for an escape, admissions of original defendant are admissible to show cause of action against him. 25 C. 506. Failure to return writ makes officer attaching thereon a trespasser ab initio, and liable for actual damage. Id., 574; 56 C. 322. Officer is not liable for neglect to serve nor for false return until actual damage results. 26 C. 332-339. Who may take advantage of failure to return. Demand must be made before action lies for attached goods delivered by officer to receiptor. 27 C. 265-268. Officer not bound to defer return of execution till expiration of its term. Id., 495. Contract between officer and receiptor when not affected by expiration of attachment lien. 28 C. 261. Not liable in trespass for goods sold under decree of court on invalid mortgage. Id., 512. In absence of instructions negligence not imputed to officer if execution is served within the limit of time prescribed therein. 31 C. 580. Various points concerning liability of receiptors. 33 C. 186; 36 C. 468. Ground of recovery by officer for attached property taken away by third person. 37 C. 596. Bond of officer liable for default occurring after the expiration of term of office. 48 C. 131. In absence of agreement an attorney placing writ in hands of officer for service is liable for fees of service. 49 C. 342. When cause of action accrues against officer for neglect in serving execution in foreign attachment. 50 C. 526. Liability of officer for selling attached property after attachment lien has been dissolved by insolvency. 62 C. 315. Escape of one arrested under civil process. 70 C. 143; 46 C. 391. Joint liability of plaintiff who directs wrongful attachment. 70 C. 341. Rule of damages for neglect of officer when original judgment was not obtained. Id., 150. Failure to return writ makes officer a trespasser. 72 C. 338. Responsibility of sheriff for prisoner awaiting trial. Id., 728. Liability of officer for unlawful acts, as attaching exempt property. 75 C. 104. Officer who in good faith serves execution on judgment not discharged of record, or one issued after death of judgment creditor protected. 79 C. 682. Officer who joins with justice in defense to charge of false imprisonment stands or falls with him. Id., 356.

      Cited. 41 CA 659.

      Cited. 44 CS 368.