State seeks to dismiss claim against DCF in Waterbury captivity case
New developments are emerging in the high-profile Waterbury captivity case involving a man known as “S,” who says his stepmother held him captive for more than two decades.
NBC Connecticut reported in February that the initial steps to give S the option to sue the Connecticut Department of Children and Families were underway. New documents obtained by NBC Connecticut show the state is now seeking to block that request.
The initial filing argues that DCF did not properly investigate reports of neglect involving S. The claim references an exclusive NBC Connecticut interview in which S’s former principal, Tom Pannone, said he reported abuse to DCF multiple times and that nothing was done.
According to the filing, if DCF had properly investigated the reports, S — who is now 33 years old — would have been “freed” from torture and abuse.
DCF has said it made six visits involving S between 1996 and 2005 and did not have “sufficient evidence to substantiate allegations or remove the child from the home.”
The initial claim was filed in February 2026, nearly a year after S set a fire that he told officials he started to escape his stepmother, Kimberly Sullivan. Kimberly Sullivan has maintained her innocence and said S had free rein his entire life.
Documents obtained by NBC Connecticut show the state is seeking to dismiss S’s claim, arguing it was “untimely filed.” The motion says the allegations are too old and that the Claims Commissioner should only handle filings involving allegations from one year ago, or at most three years ago.
The motion further argues that the time limits are intended to prevent “stale claims and stale evidence.”
In a statement to NBC Connecticut, Joel Faxon, the attorney representing S and his conservator Kristan Exner, said, “The preliminary facts of this case are extraordinary and so too should be the State’s response. It is disappointing that the State attempts to dismiss S’s request to seek justice for DCF’s incompetence.”
“The State’s motion argues the statute of limitations expired even though it was impossible for S to seek legal accountability during his captivity as a child,” he said.
The office of Connecticut Attorney General William Tong told NBC Connecticut they could not comment because the issue is before the Claims Commissioner. DCF said, “We have no comment on pending legislation.”
The filing remains the first step in seeking permission to bring a claim against DCF for a personal injury/standard of care claim, should S decide to do so.
An oral argument on the state’s motion to dismiss is scheduled for August.
“If the State persists in pressing the motion to dismiss and the Commission rejects S’s request, we plan to pursue state legislative approval of the claim to ensure that, if he chooses, S can seek justice in the Superior Court,” said Faxon.
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