Collins v. Union County Jail

• Decision Date: 15 July 1997
• Citation: 696 A.2d 625,150 N.J. 407
• Parties: Jessie COLLINS, Plaintiff-Appellant, v. UNION COUNTY JAIL, Union County Board of Chosen Freeholders, Jail Director Warren Maccarelli, Corrections Officer Gayland Robinson, Supervising Lieutenant John Doe 1, Supervision Sergeant John Doe 2, Correction Officers John Doe 3 through 5, Joseph Saley, Officer of Internal Affairs, Harold Gibson, Deputy County Manager and Director of Department of Public Safety, Defendants-Respondents.
• Court: New Jersey Supreme Court

Page 407

150 N.J. 407

696 A.2d 625

Jessie COLLINS, Plaintiff-Appellant, v. UNION COUNTY JAIL, Union County Board of Chosen Freeholders Jail Director Warren Maccarelli, Corrections Officer Gayland Robinson, Supervising Lieutenant John Doe 1, Supervision Sergeant John Doe 2, Correction Officers John Doe 3 through 5, Joseph Saley, Officer of Internal Affairs, Harold Gibson Deputy County Manager and Director of Department of Public Safety, Defendants-Respondents.

Supreme Court of New Jersey.

Argued Feb. 18, 1997.

Decided July 15, 1997.

Edwin J. McCreedy, Cranford, for plaintiff-appellant (McCreedy and Cox, attorneys).

Robert C. Doherty, Assistant County Counsel, for defendants-respondents (James F. Keefe, County Counsel, attorney).

Nadine H. Taub, Newark, and George W. Conk, South Orange, submitted a brief on behalf of amicus curiae, National Organization for Women of New Jersey (Ms. Taub and Tulipan & Conk, attorneys; Michelle J. Munsat, of counsel).

The opinion of the Court was delivered by

COLEMAN, J.

The issue raised in this appeal is whether the verbal threshold provision of the Tort Claims Act ("Act"), N.J.S.A. 59:9-2(d), bars a claim of permanent psychological harm in the form of post-traumatic stress disorder caused by the rape of a prison inmate by a corrections officer. The trial court and the Appellate Division both held that absent residual physical injury, the inmate's complaints of post-traumatic stress disorder constituted mere pain and suffering, and thus failed to meet the threshold requirement of N.J.S.A. 59:9-2(d). We hold that a post-traumatic stress disorder caused by a rape may constitute a "permanent loss of a bodily function" within the meaning of the Act.

I

In August 1991, plaintiff, Jessie Collins, was an inmate at the Union County Jail in Elizabeth. He was confined to a "pod," which is a living area of the jail, located on the fourth floor. Inmates were restricted to their living areas except when required to attend a consultation, medical examination, or court appearance. An inmate scheduled for a consultation would be "called out" by a pod officer. The pod officer would escort the prisoner to a locked sliding door to exit the living area. At that point, the inmate would be turned over to a movement officer or a "rover." The movement officer would escort the inmate to a consultation area that was located one floor above the living area. When the consultation was completed, the procedure would be reversed. All such movements were required to be recorded. Under no circumstance was a pod officer to take an inmate out of a living area and into a consultation room.

On August 4, 1991, pod officer Gayland Robinson "called out" plaintiff for a consultation. Robinson escorted plaintiff from his living pod to the floor above and placed him in a holding area leading to the consultation rooms. No movement officer was utilized. Robinson then attempted to fondle plaintiff, but he was interrupted by the sound of another officer in the area. Robinson immediately returned plaintiff to his living area. The logs of plaintiff's pod reflect that this movement was not recorded.

On August 5, 1991, Robinson again called out plaintiff, this time, for a medical examination. Once again, Robinson escorted plaintiff out of the living area without utilizing a movement officer. When plaintiff began to walk to the elevator area that leads to the medical facility, Robinson directed him to walk up the stairs to the consultation area where he had taken plaintiff the previous day. Once there, Robinson began to fondle plaintiff and kiss him. Eventually, Robinson pulled down plaintiff's pants and forcibly sodomized him. Thereafter, Robinson directed plaintiff to return to his living pod. Similarly, the second inmate movement was not logged.

In April 1992, plaintiff instituted suit against Robinson, Union County, and other governmental entities and employees seeking compensatory damages. He also sought punitive damages from Robinson. Plaintiff maintains that as a result of the aggravated sexual assault he suffers from a permanent post-traumatic stress disorder, as diagnosed by a psychologist who treated plaintiff. Plaintiff does not contend, however, that he suffered any physical injury.

Robinson eventually pled guilty to criminal charges of official misconduct in office. He was sentenced to a custodial term of four years. He was also discharged from his job.

In September 1995, the trial court granted Union County's motion to dismiss all claims for compensatory damages and medical expenses against the governmental entities and employees, concluding that plaintiff's injuries did not meet the threshold requirement of the Act. A jury trial on the claims against Robinson resulted in a verdict of $100,000 for compensatory damages, $150,000 for punitive damages, and $3,220 for medical expenses. The judgment against Robinson has been uncollectible to date.

In October 1995, the trial court issued a reported opinion to elaborate on its reasons for dismissing plaintiff's claims against the governmental entities and employees. 291 N.J.Super. 318, 677 A.2d 285 (Law Div.1995). The trial court concluded that a claim for damages based on a chronic and permanent post-traumatic stress disorder, unaccompanied by any residual physical injury, is barred by N.J.S.A. 59:9-2(d). 291 N.J.Super. at 321, 677 A.2d 285. The trial court held that such a claim is to be treated as pain and suffering, recovery for which is precluded by statute. Ibid.

In a published opinion, the Appellate Division affirmed essentially for the reasons stated in the trial court's opinion. 291 N.J.Super. 169, 170, 677 A.2d 210 (1996). We granted plaintiff's petition for certification, 146 N.J. 565, 683 A.2d 1161 (1996), and now reverse.

II

-A-

Plaintiff contends that by barring his claims based on N.J.S.A. 59:9-2(d), the trial court and the Appellate Division misconstrued the legislative intent of the statute. Plaintiff asserts that the statute intends to preclude recovery for non-objective injuries resulting from minor incidents. Plaintiff maintains, therefore, that to conclude that a victim of such a heinous and direct assault as an aggravated sexual assault could recover damages only if the rape were accompanied by significant "physical" injury, requires an overly literal reading of the statute.

Plaintiff's argument requires an analysis of N.J.S.A. 59:9-2(d). That statute establishes a rule of absolute immunity when the threshold requirement is not met for certain categories of injuries. It provides:

No damages shall be awarded against a public entity or public employee for pain and suffering resulting from any injury; provided, however, that this limitation on the recovery of damages for pain and suffering shall not apply in cases of permanent loss of a bodily function, permanent disfigurement or dismemberment where the medical treatment expenses are in excess of $1,000.00.

[ N.J.S.A. 59:9-2(d).]

We have consistently held that when interpreting a statute, "courts must seek to fulfill the statutory objective 'so far as the terms of the legislation and proper consideration of the interests of those subject to it will fairly permit.' " State v. Haliski, 140 N.J. 1, 9, 656 A.2d 1246 (1995) (quoting State v. Gill, 47 N.J. 441, 444, 221 A.2d 521 (1966)); Merin v. Maglaki, 126 N.J. 430, 435, 599 A.2d 1256 (1992). A court should interpret a statute in a way that advances "the sense and meaning fairly deducible from the context." Lesniak v. Budzash, 133 N.J. 1, 14, 626 A.2d 1073 (1993).

The focus in this appeal is on the phrase "permanent loss of a bodily function." N.J.S.A. 59:9-2(d). That language was incorporated into the Act when it was enacted in 1972. Although the Act does not define the meaning of the pertinent phrase, extrinsic aids, such as legislative history and contemporaneous construction, are useful in ascertaining the intent of the Legislature.

The Act was enacted after the submission to the Legislature of a report by the Attorney General's Task Force on Governmental Immunity in May 1972. When it was enacted, effective July 1, 1972, comments from the Task Force Report were appended to some of the sections of the Act.

The Task Force comment to N.J.S.A. 59:9-2(d) explains that

[t]he limitation on the recovery of damages in subparagraph (d) reflects the policy judgment that in view of the economic burdens presently facing public entities a claimant should not be reimbursed for non-objective types of damages, such as pain and suffering, except in aggravated circumstances--cases involving permanent loss of a bodily function, permanent disfigurement or dismemberment where the medical treatment expenses are in excess of $1,000. The limitation that pain and suffering may only be awarded when medical expenses exceed $1,000 insures that such damages will not be awarded unless the loss is substantial.

[ N.J.S.A. 59:9-2(d) cmt.]

In addition to the Task Force comments, the Legislature's overriding philosophy is that immunity for public entities is the general rule and liability is the exception. See N.J.S.A. 59:2-1(a); Kemp v. State, 147 N.J. 294, 299-300, 687 A.2d 715 (1997); Canico v. Hurtado, 144 N.J. 361, 364, 676 A.2d 1083 (1996); Fielder v. Stonack, 141 N.J. 101, 117, 661 A.2d 231 (1995); Tice v. Cramer, 133 N.J. 347, 355, 627 A.2d 1090 (1993). N.J.S.A. 59:9-2(d) is consistent with that legislative policy.

What emerges from the Task Force comments and the legislative expressions is an intent that N.J.S.A. 59:9-2(d) should preclude recovery for pain and suffering based on subjective evidence or minor incidents. Where, however, there are aggravating circumstances such as the permanent loss of a bodily function, a permanent disfigurement, or dismemberment, and the medical expenses exceed $1,000, recovery for pain and suffering may not be prohibited. Stated another way, the question becomes whether the rape of an inmate by a corrections...