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******************************************************MICHAEL BRAHAM v. RICHARD

NEWBOULD ET AL. (AC 36235)
Alvord, Prescott and Mullins, Js. Argued May 27—officially released October 6, 2015 (Appeal from Superior Court, judicial district of New Haven, Zemetis, J. [motion to dismiss; judgment]; A. Robinson, J. [motion for reargument].)
Michael Braham, self-represented, the appellant (plaintiff).
ZenobiaG. Graham-Days, assistantattorneygeneral, with whom, on the brief, was George Jepsen, attorney general, for the appellees (defendants).Opinion ALVORD, J. The plaintiff, Michael Braham, appeals from the judgment of the trial court dismissing his actionagainstthe defendants, RichardNewbould, Richard Bush, Catherine Durato, Sheryl Estrom, andValerie Boykins.1 The plaintiffclaims that the court improperly dismissedhis claims againstthe defendants, employees of the Correctional Managed Health Care division of the University of Connecticut Health Center, on the basis of the doctrines of (1) qualified immunity and (2) sovereign immunity.2 We affirm the judgment of the court.
The following facts are alleged in the plaintiff’s complaint. The plaintiff, asentenced inmate atthe Cheshire Correctional Institution, wears eyeglasses because of extreme nearsightedness and severe astigmatism. At
some point, one ofthe hinges on his eyeglasses broke, causingthe eyeglassesto sitimproperlyonhisface. The plaintiffrequestedtoseetheoptometrist,wasexamined approximately three months later, and was issued an updated prescription on April 5, 2006. During the interim period, he experienced ‘‘difficulties,’’ including blurred and distortedvision, eye strain, headaches, dizziness, loss of self-esteem, embarrassment and severe limitation in his ability to perform daily activities. At the time of the issuance of the prescription, Boykins,
an office assistant, asked the plaintiffto sign an inmate fees form, which would authorize athree dollar deduction from his inmate account. The plaintiff signed the form. He did not, however, receive the eyeglasses at that time, because eyeglasses are made in a different locationand shippedtothe Cheshire CorrectionalInstitution.
On May 12, 2006, Boykins informed the plaintiffthat his eyeglasseshad arrived andpresentedtotheplaintiff another inmate fees form, which would authorize anotherthree dollardeductionfromhisinmateaccount. The plaintiff refused to sign the form, stating that he already had been charged the three dollar co-pay. Boykins told him that there was a new rule pursuant to the Department of Correction’s administrative directives. The plaintiff further questioned Boykins and showed her administrative directive 3.12 (5) (C).3 Boykins told the plaintiff that according to Sheryl, identified by the plaintiff as Estrom, a nurse, he would have to pay in accordance with the new rule. The plaintiff again refused to sign the form, and he was sent back to his housing unit without the new eyeglasses.
The plaintiff thereafter filed an inmate grievance, in whichhe claimedthathe shouldnothave been charged the second three dollarfee. The grievance was rejected by Durato, a health service administrator. The plaintiff then appealed from Durato’s decision. That appeal was rejected by Bush, also a health service administrator.A later grievance also based on this claim filed by the plaintiff on February 17, 2007, was again denied, and the plaintiff’s appeal was denied by Newbould, also a health service administrator. At some point following the denial by Newbould, the plaintiff agreed, ‘‘under duress, to end his physical pain,’’ to pay the second three dollar fee. By that time, the eyeglasses could not be located, and the plaintiff ultimately received them several weeks later.
Thefollowingproceduralhistoryis alsorelevant. The plaintiffcommenced the present action by way ofa six count complaint on April 12, 2012. In his first count, the plaintiff asserted a claim under 42 U.S.C. § 1983,4 alleging that the defendants had violated his rights undertheeighthamendmenttotheUnitedStatesconstitution.5 In the remaining counts, the plaintiff asserted claims of intentional infliction of emotional distress, negligent infliction of emotional distress, medical malpractice, negligence, and extortion and coercion. The plaintiff sued the defendants in both their individual and official capacities.6
On August 9, 2012, the defendants filed a motion to dismiss the action and a supporting memorandum of law, in which they argued that the court lacked subject matterjurisdiction because they were protected by the doctrines of statutory and sovereign immunity. The plaintifffiled an objection to the motion to dismiss and
a supporting memorandum of law, in which he argued that neither sovereign nor statutory immunity barred his claims. He further argued that if the court were to find that he had not alleged facts sufficient to proceed with his claims, that he should be granted leave to amend his complaint.
On September 17, 2012, the court, Zemetis, J ., heard oralargumentonthemotiontodismiss. Thecourtthereafter granted the defendants’ motion to dismiss in a written memorandum of decision filed on December 26, 2012. In its memorandum, the court concluded that it lacked subject matterjurisdiction over the plaintiff’s claims due to the application of sovereign, statutory, andqualifiedimmunity. OnJanuary9, 2013, theplaintiff filed amotionforreargument, inwhichhe argued, inter alia, that the court erred in sua sponte considering the issue ofqualified immunity without allowing him to be heard. He further argued that the court should have held an evidentiary hearing, at which he would have had the opportunity to demonstrate the severity of his eye condition. The motion was heard by the court, A. Robinson, J

., on April 7, 2014. At that time, the plaintiff requestedpermissionto file additionalbriefingandalso briefly mentioned his claim thatJudge Zemetis improperly had found facts without holding an evidentiary hearing. The court then granted the plaintiffthirty days to brief the immunity issues, the state fifteen days to file a response, and ordered that oral argument be heldin sixty days. When asked by the court whether that
was what the plaintiff was looking for, the plaintiff responded, ‘‘Sounds good, Your Honor.’’
The parties returned for oral argument before Judge Robinson on June 2, 2014. On that date, the plaintiff declined to argue the issue of qualified immunity, instead arguing primarily that the state should be required to briefand argue the issue first.7 The plaintiff again argued that Judge Zemetis had erred in finding facts on an inadequate record. On September 8, 2014, the court issued an order stating that it ‘‘adopts the ruling and reasoning in the previous memorandum of decision, dismissing the case,’’ in which it adopted the ruling and reasoning of Judge Zemetis’ memorandum of decision.
The plaintiff filed the present appeal on October 16, 2013. The plaintiff appealed only from the judgment dismissingtheaction. He didnotfileanamendedappeal fromthe court’s September8, 2014ruling onthe motion for reargument.
We begin by setting forth our standard ofreview. ‘‘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.

. . . Moreover, [t]he doctrine ofsovereign immunity implicates subject matter jurisdiction andistherefore abasisforgrantingamotionto dismiss.

. . . 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.’’ (Citation omitted; internal quotation marks omitted.) Sullins v. Rodriguez, 281 Conn. 128, 131–32, 913 A.2d 415 (2007).
I
We first address the plaintiff’s claim that the court improperlyconcludedthatthe defendantswere entitled to qualified immunity from liability for the plaintiff’s § 1983 claim against them in their individual capacities for money damages. He further claims that the court erred in sua sponte raising and considering qualified immunity. We disagree with the plaintiff’s claims. ‘‘Under federal law, the doctrine of qualified immunity shields officials from civil damages liability for theirdiscretionaryactions aslongastheiractions could reasonablyhavebeenthoughtconsistentwiththerights they are alleged to have violated.

. . . Qualified immunityis animmunityfromsuitratherthanamere defense to liability and, therefore, protects officials from the burdens of litigation for the choices that they make in the course oftheir duties.

. . . Thus, the United States Supreme Court has recognized qualified immunity for governmentofficials [when] it [is] necessarytopreservetheir ability to serve the public good or to ensure that talented candidates [are] not deterred by the threat of damages suits from entering public service.

. . . Whether an official is entitled to qualified immunity presentsaquestionoflawthatmustberesolveddenovo
on appeal.’’ (Citations omitted.)Brooksv. Sweeney, 299 Conn. 196, 216, 9 A.3d 347 (2010). ‘‘Qualifiedimmunityshieldsfederalandstateofficials from money damages unless a plaintiff pleads facts showing (1) that the official violated a statutory or constitutional right, and (2) that the right was ‘clearly established’ at the time ofthe challenged conduct.

. . . We recently reaffirmed that lower courts have discretion to decide which of the two prongs of qualifiedimmunity analysis to tackle first.’’ (Citation omitted.) Ashcroft v. al-Kidd, U.S. , 131 S. Ct. 2074, 2080, 179L. Ed. 2d 1149 (2011); seealso Traylorv. Gerratana, 148 Conn. App. 605, 612, 88 A.3d 552, cert. denied, 312 Conn. 901, 902, 91 A.3d 908, 112 A.3d 778, cert. denied, U.S. , 135 S. Ct. 444, 190 L. Ed. 2d 336 (2014). ‘‘If no constitutional right would have been violated
were the allegations established, there is no necessity for further inquiries concerning qualified immunity.’’ Brooks v. Sweeney, supra, 299 Conn. 217.
The basis of the plaintiff’s § 1983 claim is that the defendants’ failure to provide him with his new eyeglasses constituted deliberate indifference to his serious medical need in violation ofthe eighth amendment totheUnitedStatesconstitution. ‘‘The [e]ighth [a]mendment prohibits the infliction of cruel and unusual punishments.

. . . This includes punishments that involve the unnecessary and wanton infliction ofpain.

. . . In ordertoestablishan [e]ighth [a]mendmentclaimarising out of inadequate medical care, a prisoner must prove deliberate indifference to [his] serious medical needs.

. . . The standard of deliberate indifference includes both subjective and objective components. First, the alleged deprivation must be, in objective terms, sufficiently serious.

. . . Second, the [government official] must act with a sufficiently culpable state ofmind.

. . . Anofficialactswiththerequisitedeliberateindifference whenthatofficialknows ofanddisregards anexcessive risk to inmate health or safety; the official must both be aware of facts from which the inference could be drawn that a substantial risk of serious harm exists, and he must also draw the inference.

. . . Thus, an official’s failure to alleviate a significant risk that he should have perceived but did not [does not violate the eighth amendment].’’ (Citations omitted; internal quotationmarksomitted.)Faradayv. Commissionerof Correction, 288 Conn. 326, 338–39, 952 A.2d 764 (2008).
We begin our analysis by determining whether the facts alleged by the plaintiff in his complaint state a violation of the eighth amendment. See Morgan v. Bubar, 115 Conn. App. 603, 626, 975 A.2d 59 (2009). Inhis first count, the plaintiff alleged that ‘‘[e]ach of the

. . . defendants knew or reasonably should have known that [the plaintiff’s] prescription eyeglasses was
a serious medical need for him.’’ He alleged that ‘‘[t]he thickness of [the plaintiff’s] eyeglass lenses was such that a layperson would recognize his serious medical need to wear them.’’ He further alleged, inter alia, that the defendants, in initiating a policy that involved assessing two co-pay fees for each eyeglass prescription, interfered with his medical care and exhibited deliberate indifference to his serious medicalneed. The plaintiffallegedthattheactsandomissionsofthedefendants ‘‘caused [him] to be subjected to

. . . unnecessary and wanton infliction of pain and emotional distress,’’ which he characterized as ‘‘difficulties,’’ including‘‘blurredanddistortedvision, eyestrain, headaches, dizziness, loss of self-esteem, embarrassment, and

. . . [severe] limit[ation] in his ability to perform his normal daily activities.’’
In support of his claim that the defendants’ actions constituted a violation of the eighth amendment, the plaintiffcitesKoehlv. Dalsheim, 85 F.3d 86, 87 (2d Cir. 1996), acase inwhich aninmate allegedthat correction officers had violated the eighth amendment by confiscating his eyeglasses despite his having received a doctor’s permission to wear them. The eyeglasses were ‘‘specially prescribed, tinted eye-glasses, fitted with what [the plaintiff] described as a prism

. . . .’’ Id. The United States Court of Appeals for the Second Circuit noted that the plaintiff had ‘‘alleged that he required the prescribed eye-glasses to avoid double vision and the loss of depth perception that resulted from a prior head injury.’’ Id., 88. He further had alleged that ‘‘[a]s

aresult ofthe confiscation ofhis glasses andthe subsequent denial of medical treatment, [he] ha[d] suffered significant consequences,’’ specifically, that ‘‘[h]is left eye, which had shifted as a result of his head injury, has now shifted fully into the corner ofthe socket and is almostsightless, andhe has experiencedheadaches.’’ Id., 87. The court noted that ‘‘[s]uch visual deficiencies
can readily cause a person to fall or walk into objects, and [the plaintiff] alleged that he has experienced such occurrences, and has suffered injuries as a consequence.’’ Id., 88. The court concluded that the plaintiff hadmade sufficientallegations, includingthathismedical need was serious and that the correction officers
were aware of his need, such that his claims would survive a motion to dismiss.8 Id.; see also Tormasi v. Hayman, 452 Fed. Appx. 203, 206 (3d Cir. 2011) (court concludedthatajurycouldfindthataplaintiff’smedical needs were serious, considering that his ‘‘vision was significantly blurred, resulting in dizziness and imbalance that caused him to fall and walk into objects. On
one occasion, he fell due to his inability to see and dislocated his jaw.’’). Although a plaintiff conceivably can allege a seriousdeprivation on the basis of failure to provide prescription eyeglasses, as in Koehl, the plaintiff’s allegations in the present case are inadequate, as noted bythe trial court. First, the plaintiff in the present case alleged neither severe pain nor deterioration of his vision as a result of the defendants’ failure to provide him with the new eyeglasses.9 Second, the plaintiff’s complaint suggested that he was prompted to seek ‘‘replacement glasses’’ afterone ofthe hinges onhis eyeglassesbroke, ‘‘causing them to set on his face at an improper angle.’’ Accordingly, the trial court stated that ‘‘[a]lthough this
was probablyinconvenient, the plaintiffhas not alleged that the defendants’ failure to provide new glasses left him totally without glasses, only with glasses with a damaged hinge.’’ Noting that medical conditions may be of ‘‘varying severity,’’ the Second Circuit has explained that ‘‘[t]he standard for [e]ighth [a]mendment violations contemplatesaconditionofurgencythatmayresultindegeneration or extreme pain.’’ (Internal quotation marks omitted.) Chance v. Armstrong, 143 F.3d 698, 702 (2d Cir. 1998); see also Faraday v. Commissioner ofCorrection, supra, 288 Conn. 339 n.12. Our review of the plaintiff’s complaint and the exhibits attached thereto leads us to conclude that the facts alleged do not state
a deprivation sufficiently serious to constitute a violationofthe eighthamendment. Cf. Chancev.Armstrong, supra, 703 (plaintiffhadallegedsufficientlyserious condition, where as a result of inadequate dental care, he alleged to have ‘‘suffered extreme pain, his teeth deteriorated, andhehasbeenunableto eatproperly’’).10
Because the facts alleged bythe plaintiffdo not state
a violation ofthe eighth amendment, we conclude that the trial court properly determined that the defendants
are entitled to qualified immunity.11 Accordingly, the court properly dismissed the plaintiff’s federal law claims againstthe defendants intheirindividual capacities.12 See Traylorv. Gerratana, supra, 148 Conn. App. 612 (affirming judgment of dismissal, concluding that ‘‘[q]ualifiedimmunitybarstheplaintiff’s [§ 1983] claims because he failed to establish that the legislative defendants violated a statutory or constitutional right orthat theiractionswerenotobjectivelyreasonable’’); see also Tuchmanv. State, 89 Conn. App. 745, 763, 878 A.2d 384 (affirmingjudgment ofdismissal after concluding, inter alia,that‘‘thecourtproperlydeterminedthat [thedefendant] was entitled to qualified immunity as to the plaintiffs’ federal constitutional claims’’), cert. denied, 275 Conn. 920, 883 A.2d 1252 (2005).
II
The plaintiff next claims that the court erred in dismissing his official capacity claims against the defendants for declaratory and injunctive relief. Specifically, theplaintiffarguesthatsovereignimmunitybarsneither
a § 1983 action brought against state officials in theirofficial capacities, nor an action on the basis of a substantial claim that a state official violated the plaintiff’s constitutionalrights. We address each claiminturnand conclude that the court properly dismissed the plaintiff’s claims for declaratory and injunctive relief.
A
We first turn to the plaintiff’s § 1983 claim, alleged in the first count of his complaint, against the defendants in their official capacities for declaratory and injunctive relief. The defendants assert that sovereign immunitybars this claim. We disagree, but nonetheless conclude that the court properly dismissed the § 1983 claim.
Pursuant to § 1983, the plaintiff has brought claims against state officials in their individual capacities for damages and in their official capacities for injunctive relief. We already have concluded in part I ofthis opinion that the defendants are entitled to qualified immunity from the plaintiff’s § 1983 claim seeking money damages. We now considerwhethertheplaintiffis entitled, pursuant to § 1983, to declaratory and injunctive reliefagainst the defendants in their official capacities.
Webeginbynotingthatastate ‘‘isnotapersonwithin the meaning of § 1983 and thus is not subject to suit under § 1983 in either federal court or state court.’’ (Internal quotation marks omitted.) Millerv. Egan, 265 Conn. 301, 311, 828 A.2d 549 (2003). A state official sued in his official capacity for monetary damages is also not subject to suit under § 1983. ‘‘[A] suit against
a state official in his or her official capacity is not a suit against the official but rather is a suit against the official’s office.

. . . As such, it is no different from a suit against the State itself.’’ (Citation omitted.) Will v. Michigan Dept. ofState Police, 491 U.S. 58, 71, 109 S. Ct. 2304, 105 L. Ed. 2d 45 (1989). The United States Supreme Court in Will recognized, however, on the basis ofits prior decisions inKentucky v. Graham, 473 U.S. 159, 105 S. Ct. 3099, 87 L. Ed. 2d 114 (1985), and Ex Parte Young, 209 U.S. 123, 28 S. Ct. 441, 52 L. Ed. 714 (1908), that ‘‘a state official in his or her official capacity, when sued for injunctive relief, would be a person under § 1983 because official-capacity actions for prospective reliefare not treated as actions against the State.’’ (Internal quotation marks omitted.) Will v. Michigan Dept. ofState Police, supra, 71 n.10.
This exception applies onlyto prospective injunctive relief. Id. The plaintiff, in his § 1983 claim alleging that the defendantsviolatedthe eighth amendment, claimed that he was deprived of his right to be free from cruel and unusual punishment when his glasses were withheld from him in response to his refusal to sign the second inmate fees form. In his complaint, the plaintiff stated that he received his eyeglasses sometime after March, 2007, and he confirmed, during oral argumentbefore this court, that he had received the eyeglasses. We therefore conclude that there is no practical prospective injunctive relief available to the plaintiff with respect to his eighth amendment claim.13 Accordingly, that claim was properly dismissed.
B
We next turn to the plaintiff’s state law claims, contained in counts two through six of his complaint, for declaratory and injunctive reliefagainst the defendants in their official capacities. The plaintiff alleged intentional infliction of emotional distress, negligent infliction of emotional distress, medical malpractice, negligence, and extortion and coercion. We conclude that the court properly dismissed these claims. ‘‘[W]e have long recognized the validity of the common-lawprinciplethatthe state cannotbe suedwithout its consent

. . . . We have also recognized that because the state can act only through its officers and agents, asuitagainst astate officerconcerning amatter in which the officer represents the state is, in effect, against the state.

. . . The doctrine ofsovereign immunity protects the state, not only from ultimate liability for alleged wrongs, but also from being required to litigate whether it is so liable.’’ (Citation omitted; internal quotation marks omitted.)Manifoldv. Ragaglia, 94 Conn. App. 103, 114–15, 891 A.2d 106 (2006). ‘‘OurSupreme Courthasrecognizedthree exceptions to sovereign immunity: (1) when the legislature, either expressly or by force ofa necessary implication, statutorily waives the state’s sovereign immunity

. . . (2) when an action seeks declaratory or injunctive relief
on the basis ofa 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 ofwrongful conduct to promote an illegal purpose in excess ofthe officer’s statutory authority.’’ (Internal quotationmarks omitted.) Traylorv. Gerratana, supra, 148 Conn. App. 610. ‘‘In the absence ofaproper factual basis in the complaint to support the applicability of these exceptions, the granting of a motion to dismiss
on sovereign immunity grounds is proper.’’ (Internal quotation marks omitted.) ColumbiaAirServices, Inc

. v. Dept. ofTransportation, 293 Conn. 342, 350, 977A.2d 636 (2009).
Theplaintiffclaimsthatthe defendants actedbeyond their authority andviolated his constitutional rights ‘‘in withholding [his] eyeglasses for his refusing to pay the unauthorized and illegal co-pay fee

. . . .’’14 ‘‘The only exceptions to sovereign immunity that would apply to claims alleging constitutionalviolations and conduct in
excess of statutory authority are the second and third, which require that the plaintiff’s claim be substantial.’’ (Emphasis added; internal quotation marks omitted.)Traylor v. Gerratana, supra, 148 Conn. App. 610. We conclude thatthe plaintiff’s claims are barred by sovereign immunity because they do not satisfy either of these exceptions. ‘‘For aclaim made pursuantto the second exception, complaining of unconstitutional acts, we require that [t]he allegations of such a complaint and the factual underpinnings if placed in issue, must clearly demonstrate an incursion upon constitutionally protected interests.’’ (Emphasis added.) Columbia Air Services, Inc

. v. Dept. of Transportation, supra, 293 Conn. 350. As we have concluded in part I of this opinion, the plaintiff has failed to allege a deprivation sufficiently serious to constitute a violation of the eighth amendment, the constitutional provision at issue.15 Accordingly, the second exception does not apply. ‘‘For a claim under the third exception, the plaintiffs must do more than allege that the defendants’ conduct
was in excess of their statutory authority; they also must allege orotherwise establishfactsthatreasonably support those allegations.’’ (Internal quotation marks omitted.) Id. The plaintiff claims that pursuant to § 18- 85a-3 ofthe Regulations ofConnecticut State Agencies, ‘‘the plaintiffis entitledto prescription eyeglasses upon assessment ofone, three dollar co-pay fee

. . . .’’16 Section 18-85a-3, which the plaintiff attached to his complaint, states that ‘‘[t]he inmate’s responsibility to pay for the use of services and programs shall be in accordance with the following schedule

. . . (3) Eyeglasses—$3.00 per prescription.’’ The court, considering the allegations of the complaint in their most favorable light and also considering the exhibits attached to the complaint, inferred that ‘‘the plaintiff
was not wrongfully charged twice for his prescription, but rather correctly charged one three dollar fee for the optometrist’s visit and a separate three dollar fee forthe eyeglassprescription.’’17We agreewiththe court and therefore conclude that the plaintiff did not allege facts sufficient to bring his claim within the exception for conduct in excess of the defendants’ statutory authority.
The plaintiff has clearly fallen short of meeting the requirement that his claim be ‘‘ ‘substantial.’ ’’ Traylor

v. Gerratana, supra, 148 Conn. App. 610. Accordingly, the court properly dismissed the state law claims for declaratory and injunctive reliefagainst the defendants in their official capacities.
III Last, the plaintiff claims that he should have been granted leave to amend his complaint. There is nothing in the record to suggest that the plaintifffiled a request for leave to amend his complaint, in accordance with Practice Book § 10-60.18 His statement in his opposition to the defendants’ motion to dismiss, which was that‘‘ifthis court disagrees [that he sufficientlyhadpleaded his causes of action], the plaintiff should be granted leave to amend the complaint in this action,’’ cannot be considered a request to amend. See Pekera v. Purpora, 273 Conn. 348, 356–57, 869 A.2d 1210 (2005) (‘‘The plaintiffs’ reference to a possible future amendment in their reply memorandum thus cannot be considered a requestto amendunderthe applicablerules ofpractice. In the absence of a properly filed request to amend, thetrialcourtwasnotcalleduponto exerciseits discretion, and it correctly declined, as a matter of law, to consider the purported amendment.’’ [Footnote omitted.]). More importantly, ‘‘[o]nce a party has raised an issue of subject matter jurisdiction, the court must immediately act on it before proceeding to any other action in the case.’’ (Internal quotation marks omitted.) North Star Contracting Corp

. v. Albright, 156 Conn. App. 311, 315 n.5, 112 A.3d 216 (2015). Thus, the plaintiff’s claim that he should have been granted leave to amend his complaint fails.
The judgment is affirmed.
In this opinion the otherjudges concurred.

1 In this opinion, we refer to the individual defendants collectively as the defendants and individually by name where appropriate.
2 The plaintiff’s complaint contained six counts. Count one was brought pursuant to 42 U.S.C. § 1983 and alleged violation ofhis eighth amendment right to be free from cruel and unusual punishment. Counts two through six allegedvarious state law claims, includingintentionalinfliction ofemotional distress, negligentinfliction ofemotional distress, medical malpractice, negligence, and extortion and coercion. The plaintiff brought his federal law claims against the defendants for damages in their individual capacities and for declaratory and injunctive reliefin their official capacities. The plaintiff asserted his state law and tort claims againstthe defendants in theirindividual and official capacities for both money damages and declaratory and injunctive relief. A review of the plaintiff’s appellate brief reveals that the plaintiff does not challenge the court’s treatment ofhis state law claims againstthe defendants in their individual capacities or against the defendants in their official capacities formoneydamages. We, therefore, deemthese claims abandoned for purposes of this appeal. Whatremains,therefore, arehisclaimsfordeclaratoryandinjunctiverelief under federal and state law, and his claims for damages under federal law.

3 Administrative directive 3.12 (5) (C) provides: ‘‘Eyeglasses. A sentenced inmate shall be charged three dollars ($3.00) per prescription. Attachment A, Inmate Fees Form shall be completed after the prescription has been written. If an inmate refuses to sign the Inmate Fees Form, a notation to the effect shall be made, and the form signed by Health Services staff. The completed Attachment A, Inmate Fees Form shall be forwarded to the Inmate Trust Fund Office on a daily basis.’’

4 Section 1983 of title 42 of the United States Code provides in relevant part: ‘‘Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within thejurisdiction thereofto the deprivation ofany rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress

. . . .’’

5 The eighth amendment to the United States constitution provides: ‘‘Excessive bail shall notbe required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.’’

6 As noted in footnote 2 of this opinion, the plaintiff brought his federal law claims against the defendants for damages in their individual capacities and for declaratory and injunctive relief in their official capacities. The plaintiff asserted his state law and tort claims against the defendants in their individual and official capacities.7 The plaintiff did offer, however, to answer any questions that the court might have regarding qualified immunity.

8 Withregardto the officers’ subjective awareness, the courtfurthernoted that a comment made by one of the officers supported the conclusion that dismissalwas inappropriate. Koehlv. Dalsheim, supra, 85 F.3d87. The court referenced the plaintiff’s allegation that after he had informed one of the officers that the doctor’s records would document his permission to wear the glasses, the officer had allegedly replied, ‘‘I don’t give a S t [sic], I’m taking the glasses

. . . .’’ (Internal quotation marks omitted.) Id.

9 SeeBellahv. McGinnis, 1994 U.S. App. LEXIS 33541, *4 (6th Cir. November 23, 1994) (decision without published opinion, 42 F.3d 1388 [6th Cir. 1994] (dismissal of eighth amendment claim on basis of thirteen month delay in receiving replacement eyeglasses proper where visual acuity had changed only slightly and delay in filling prescription did not damage plaintiff’s vision); Muhammad v. King, 1994 U.S. App. LEXIS 8958, *3–*4 (8th Cir. April 28, 1994) (decision without published opinion, 21 F.3d 432 [8th Cir. 1994] (affirming summary judgment rendered in favor of defendants where plaintiff did not prove the delay in providing him with eyeglasses ‘‘created an acute or escalating situation’’).

10 We further conclude, as the trial court did, that the facts as alleged by the plaintiffdo not satisfythe second prong ofthe eighth amendment analysis, which requires a showing that the defendants acted with the requisite deliberate indifference. ‘‘Deliberate indifference is a mental state equivalent to subjective recklessness, as the term is used in criminal law.

. . . This mental state requires thatthe charged official act orfailto actwhile actually

aware of a substantial risk that serious inmate harm will result.’’ (Citation omitted.) Salahuddin v. Goord, 467 F.3d 263, 280 (2d Cir. 2006). Although he alleged, broadly, that the defendants were deliberately indifferent to his serious medical needs, the plaintiff has failed to allege facts that rise to the level of deliberate indifference. He does not provide factual allegations that the defendants were aware of a substantial risk that he would be subject to serious harm if they failed to provide him with his

new eyeglasses.

11 The plaintiff additionally claims that he ‘‘has been prejudiced by the court’s failure to hold an evidentiary hearing

. . . .’’ The cases cited by the plaintiff in support of his claim that an evidentiary hearing was required bothinvolveacourt’sdismissalofanactioninwhichthepartieshaddisputed critical and material issues of fact, either by their legal memoranda or by affidavits. See Bradley’s Appealfrom Probate, 19 Conn. App. 456, 465–67, 563 A.2d 1358 (1989); GardenMutualBenefitAssn

. v. Levy, 37 Conn. Supp. 790, 792, 437 A.2d 141 (1981). In contrast, the defendants in the present

case did not dispute the plaintiff’s factual allegations. ‘‘[I]n the absence of any disputed facts pertaining tojurisdiction, a court is not obligated to hold

an evidentiary hearing before dismissing an action for lack ofjurisdiction.’’ (Internal quotation marks omitted.) Lawrence v. Weiner, 154 Conn. App. 592, 603, 106 A.3d 963, cert. denied, 315 Conn. 925, 109 A.3d 921 (2015). Moreover, the plaintiff did not argue that such a hearing was necessary either in his opposition to the defendants’ motion to dismiss or during the September 17, 2012 hearing on that motion. The issue was thus not raised before the court prior to the dismissal of the plaintiff’s complaint. The plaintiff first raised this argument in his January 9, 2013 motion for reargument. The present appeal, however, was taken only from the judgment of dismissal; theplaintiffdidnotfile an amended appeal challengingthe court’s ruling on the motion for reargument, as required by Practice Book § 61-9. Accordingly, we decline to review the plaintiff’s claim that the court erred in refusing his request for an evidentiary hearing. See Jewett v. Jewett, 265 Conn. 669, 673 n.4, 830 A.2d 193 (2003).

12 The plaintiff also claims, as he did in his motion for reargument, that the court erred in considering the issue of qualified immunity sua sponte without affording him the right to be heard on that issue. Our review of the record leads us to conclude that the plaintiff was afforded sufficient opportunity to be heard. First, after filing his motion for reargument, the plaintiff received the opportunity to file additional briefing on the issue of qualified immunity andontwooccasionswasgiventheopportunitytobeheardatoralargument. On both dates set for oral argument, the plaintiffdeclined the court’s invitation to present an argument as to qualified immunity. Instead, at the April, 2014 hearing, he requested to file additional briefing, and at the June, 2014 hearing, his principal argument was that the state should be required to brief and argue the issue first.Second, the court, in its September, 2014 order, adopted Judge Zemetis’ memorandum ofdecision, after stating that the plaintiffhad been ‘‘afforded

an additional opportunity to address issues he claimed were improperly raised in [Judge Zemetis’] memorandum of decision

. . . .’’ The plaintiff has not filed an amended appeal challengingthe September, 2014 orderand, thus, to the extent that he is claiming deficiency in the April, 2014 or June, 2014 hearings that resulted in the September, 2014 order, we decline to review such claims. We also decline to review the plaintiff’s claim, first raised in his reply brief, that the trial court failed to follow the rules of practice and that he had not waived his right to compel compliance with the rules of practice. ‘‘It is well established that [c]laims

. . . are unreviewable when raised for the first time in a reply brief.’’ (Internal quotation marks omitted.) Hane v. Hane, 158 Conn. App. 167, 175 n.11, A.3d (2015).

13 To the extent that the plaintiffis relying on § 1983 to vindicate constitutional or statutory rights afforded by the state, § 1983 is not the proper vehicle, as that statute provides for the enforcement offederal rights. See Blessing v. Freestone, 520 U.S. 329, 340, 117 S. Ct. 1353, 137 L. Ed. 2d 569 (1997) (‘‘[i]n order to seek redress through § 1983

. . . a plaintiff must assert the violation of a federal right’’ [emphasis omitted]).

14 In support of his eighth amendment claim, the plaintiff directed this court to additional authority at oral argument. The cases noted by the plaintiff do not support his claim; there is some relevance provided by Monmouth County CorrectionalInstitutionalInmatesv.Lanzaro, 834F.2d 326, 347 (3d Cir. 1987), cert. denied, 486 U.S. 1006, 108 S. Ct. 1731, 100 L. Ed. 2d 195 (1988), in which the United States Court ofAppeals forthe Third Circuit stated that prison officials may not ‘‘condition provision of needed medical services on the inmate’s ability or willingness to pay.’’ The Third Circuit later clarified its statement: ‘‘It is

. . . apparent that the statement in Lanzaro refers to the withholding of essential medical treatment from

an inmate who refuses to agree to pay because of indigency.’’ (Emphasis added.) Reynolds v. Wagner, 128 F.3d 166, 174–75 (3d Cir. 1997). The court further explained that ‘‘the deliberate indifference standard of Estelle [v. Gamble, 429U.S. 97, 97 S. Ct. 285, 50L. Ed. 2d251 (1976)] does notguarantee prisoners the right to be entirely free from the cost considerations that figure in the medical-care decisions made by most non-prisoners in our society.’’ Reynolds v. Wagner, supra, 175. The plaintiff in the present case has not alleged that he refused to pay the co-pay because of indigency.

15 In his first count, alleging a violation of the eighth amendment, the plaintiffadditionally allegedthat ‘‘[t]he defendants’ actions causedtheplaintiff to be physically injured in violation of the fourth

. . . and fourteenth amendments to the United States constitution and article first, § 8, of the Connecticut constitution.’’ The plaintiff claims on appeal that he ‘‘pleaded facts sufficient to recover on both substantive and procedural due process grounds under the fourth and fourteenth amendments,’’ and under the Connecticut constitution. ‘‘We do notreverse thejudgment ofatrial court onthe basis ofchallenges to its rulings that have not been adequately briefed.

. . . The parties may not merely cite a legal principle without analyzing the relationship between the facts of the case and the law cited.

. . . [A]ssignments of error which

are merely mentioned but not briefed beyond a statement ofthe claim will be deemed abandoned and will not be reviewed by this court.’’ (Internal quotation marks omitted.) Clelford v. Bristol, 150 Conn. App. 229, 233, 90 A.3d 998 (2014); see also Parnoffv. Mooney, 132 Conn. App. 512, 518, 35 A.3d 283 (2011) (‘‘[i]t is not the role of this court to undertake the legal research and analyze the facts in support of a claim or argument when it has not been briefed adequately’’ [internal quotation marks omitted]). TheplaintiffprovidedinadequateanalysisofhisdueprocessandConnecticut constitutional claims. He did not, in his complaint, identify the nature of the right under the Connecticut constitution that he was alleging the defendantshadviolated. Inhisappellatebrief,theplaintiffmakes conclusory statements that he pleaded facts sufficient to recover on those grounds and that his claims are not barred by immunity. He fails, however, to identify the facts he claims to have alleged in support ofthese constitutional claims, and his citation to case law lacks an application to the facts of his case. Accordingly, we decline to review these claims.

16 The plaintifffurther claimsthat Boykins acted in excess ofherauthority pursuant to administrative directive 3.12, which states that ‘‘[i]f an inmate refuses to sign the Inmate Fees Form, a notation to that effect shall be made, and the form signed by Health Services staff

. . . .’’ In the trial court,the plaintiff argued that ‘‘they could have still processed my fees form and assessed me that additional three dollars, but I should have been issued my glasses. They didn’t do that.’’ We note that considering the plaintiff’s interpretation of § 18-85a-3, which is that a second co-pay was prohibited, processingthe secondthree dollar co-payagainsthis wisheswouldnothave resolved his complaint.

17 The court further explained that according to the plaintiff’s allegations, ‘‘theplaintiffsignedoneinmatefeeformonApril 5, 2006, the daytheplaintiff

saw the optometrist, and was requested to sign another on May 12, 2006, when he attempted to pick up his prescription.’’ The court concluded that ‘‘[a] reading of § 18-85a-3 shows that an inmate is to be charged one, three dollar fee for an inmate initiated medical visit and an additional three dollar fee for a pair of eyeglasses.’’ The court’s conclusion was further supported by reference to the first three dollar fee form, which was attached to the plaintiff’s complaint and included a notation reading ‘‘eye doctor’’ next to the line stating, ‘‘sick call.’’

18 Practice Book § 10-60 (a) provides: ‘‘Except as provided in Section 10- 66, a party may amend his or her pleadings or other parts of the record or proceedings at any time subsequent to that stated in the preceding section in the following manner: ‘‘(1) By order ofjudicial authority; or ‘‘(2) By written consent of the adverse party; or ‘‘(3) By filing a request for leave to file such amendment, with the amendment appended, after service upon each party as provided by Sections 10- 12 through 10-17, andwithproofofservice endorsedthereon. Ifno objection thereto has been filed by any party within fifteen days from the date ofthe filing of said request, the amendment shall be deemed to have been filed by consent of the adverse party. If an opposing party shall have objection to any part of such request or the amendment appended thereto, such objection in writing specifying the particular paragraph or paragraphs to which there is objection and the reasons therefor, shall, after service upon each party as provided by Sections 10-12 through 10-17 and with proof of service endorsed thereon, be filed with the clerk within the time specified above and placed upon the next short calendar list.’’