Curtis v. State Dept. for Children and Their Families
| Decision Date | 13 March 1987 |
| Docket Number | No. 85-136-A,85-136-A |
| Citation | 522 A.2d 203 |
| Parties | Elizabeth Lillian CURTIS et al. v. STATE of Rhode Island DEPARTMENT FOR CHILDREN AND THEIR FAMILIES et al. ppeal. |
| Court | Rhode Island Supreme Court |
This Superior Court action for false imprisonment, assault and battery, and intentional infliction of emotional distress arose out of the three-day hospitalization of a suspected victim of child abuse under G.L.1956 (1977 Reenactment) chapter 11 of title 40. 1 The plaintiffs are the child, Elizabeth Curtis, and her parents, Wilson Curtis, Jr., and Theresa Curtis. The defendants are the State of Rhode Island Department for Children and Their Families (DCF); Mary Rice, social worker for the Coventry School System; Edward Kenaghan, protective worker for DCF; Kent County Memorial Hospital; Dr. Graham Newstead, a staff physician at Kent County Hospital; and the School Committee for the Town of Coventry, and its members individually. 2
At the close of plaintiffs' case the trial justice granted defendants a directed verdict on all counts, from which plaintiffs now appeal. We affirm.
The evidence presented by plaintiffs revealed the following: In 1978 Elizabeth, aged ten, was a student in the special education program at the Hopkins Hill School in the town of Coventry. On December 15 of that year, Elizabeth acted up in the classroom, throwing books, desks, and chairs around the room, requiring restraint by her teacher, Mrs. Nye. Elizabeth had a history of such disruptive behavior, dating back to when she started school in Johnston. Shortly after the family moved to Coventry, Elizabeth was assigned to the care of defendant Rice, who had been in contact with Elizabeth's teachers on several occasions following incidents of such behavior.
On the day of the incident in question Rice responded to a call from one of Elizabeth's teachers to the effect that Elizabeth was complaining of having been beaten by her father the night before. When Rice arrived at the school, Elizabeth's teachers confirmed this report, indicating in addition that Elizabeth had a bruise on her arm and leg, had made suicidal gestures by tying a shoelace around her neck and attempting to staple her wrists, and was afraid to go home. They told Rice that when Elizabeth had gone to the store with her parents the evening before, something had broken in the car for which she was blamed and her father had become very angry, saying "he would kill her." Elizabeth had complained of beatings during the week and a half prior to the incident, but no bruises had been noticed on her body, nor had she displayed the fear of going home that she did at this time.
Convinced that there were valid reasons to report this incident to the state, Rice called DCF. The report was relayed to defendant Kenaghan, who was also familiar with Elizabeth and her family, having investigated a previous report in 1977 of possible child abuse, found to be without basis. Upon receiving the current report, the crux of which was that Elizabeth had injuries that she stated were caused by her father, Kenaghan proceeded to the school. He asked Elizabeth directly where she got the injuries, and she stated that her father had hit her. Having found in his earlier investigation that Elizabeth had lied about her father's beating her, Kenaghan specifically asked her if she was lying now and she answered, "No." Kenaghan saw the bruise on Elizabeth's arm, a black-and-blue mark about an inch long, but did not see the bruise on her leg.
Kenaghan and Rice took Elizabeth to the emergency room at Kent County Hospital. Elizabeth was first examined by Dr. Hurt, an emergency-room physician. The emergency service record signed by Dr. Hurt contained the following history:
Doctor Hurt's examination revealed a tender area on Elizabeth's right temple, with minimum swelling, a one-centimeter-square ecchymotic tender area on her right forearm, and a two-by-five-centimeter-square ecchymosis on her right thigh. 3 He recorded his diagnosis as "multiple blunt trauma." Doctor Hurt also filled out a form entitled "Physicians Report of Battered and/or Abused Child," describing the extent of Elizabeth's injuries as contusions to her right forearm, right temple, and right thigh.
As an emergency-room physician, Dr. Hurt did not have admitting privileges. He called Dr. Graham Newstead, a staff physician at the hospital, and told him "that he had a patient in the emergency room, a young girl who had bruises upon her body * * * that the child had stated to him that these injuries or bruises had been caused by her father, and that her admission to the hospital was being requested by [DCF]." According to Dr. Newstead, "Dr. Hurt * * * had some suspicion in his mind as to whether or not the child had been abused, and he recommended admission of the child, which I agreed to." Elizabeth was admitted at 5:06 p.m.
Upon his arrival at the hospital to examine Elizabeth, Dr. Newstead was informed by attending nurses that she had told them that her father had hit her, a fact that is corroborated by the nurses' record for that date. Doctor Newstead found Elizabeth's injuries to be minor--in themselves, "in the absence of other information," insufficient to label her a battered child.
Elizabeth remained in the hospital for three days and received no medical treatment while she was there. She was discharged to the custody of her parents on December 18, 1978 at 3:40 p.m.
At trial, Elizabeth, then fifteen years old, could not remember telling her teacher, Rice, or Kenaghan that her father had beaten her. However, she did not deny having done so. Neither did she specifically deny giving such information to Dr. Hurt. Although she initially denied telling the nurses that her father had hit her, she later changed her testimony. Elizabeth's parents both denied that any beating had taken place.
Before Elizabeth was admitted, Kenaghan called Elizabeth's home to tell her parents what had happened and to request their consent to her examination, which Mrs. Curtis refused. The Curtises then drove to the hospital. When Mrs. Curtis entered the hospital, two Warwick policemen and a hospital guard were at the door. She at first testified that she was pushed against the door and searched thoroughly by all of them. On cross-examination, however, she stated that only the Warwick police were involved. While Mr. Curtis was in his car in the parking lot of the hospital, he was approached by two police officers with their guns drawn, was searched, and was asked some questions. It is unclear from the record how the police got there; it seems that someone from the hospital called them, in reaction to a threat Mrs. Curtis had allegedly made to Rice when Rice visited the Curtis home the day before.
At the close of plaintiffs' evidence, all defendants moved for directed verdicts on all counts, which the trial justice granted. The plaintiffs contend that the trial justice erred, arguing that factual issues remained to be determined by the jury.
Our duty in reviewing the grant of a motion for a directed verdict is the same as that of the trial justice in the first instance. We must examine the evidence and the reasonable inferences therefrom in the light most favorable to the nonmoving party, without considering the weight of the evidence or the credibility of the witnesses. If we find no issue upon which reasonable persons could differ, the motion must be granted. Moody v. McElroy, 513 A.2d 5, 7 (R.I.1986). Our review of the evidence in this case, weighted appropriately in favor of plaintiffs, persuades us that a reasonable juror could not find defendants liable for false imprisonment, assault and battery, or intentional infliction of emotional distress.
"[T]he essence of an action for false imprisonment is the restraint of another without legal justification." Webbier v. Thoroughbred Racing Protective Bureau, Inc., 105 R.I. 605, 613, 254 A.2d 285, 290 (1969). We find the actions of defendants in this case to have been legally justified under chapter 11 of title 40. In fact, the actions of defendants Rice and Kenaghan were not only legally justified but legally mandated.
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