Davis v. Hennepin County
| Citation | 559 N.W.2d 117 |
| Decision Date | 11 February 1997 |
| Docket Number | No. C7-96-1841,C7-96-1841 |
| Parties | Susan DAVIS, Appellant, v. HENNEPIN COUNTY, et al., Respondents. |
| Court | Minnesota Court of Appeals |
Syllabus by the Court
I. In a case of first impression we hold that statutory immunity is not available as a defense to claims brought under the Minnesota Human Rights Act.
II. The doctrine of official immunity may not be invoked to bar claims under the Minnesota Human Rights Act when the elements to be proved for those underlying
claims are substantially similar to the requirements for proof of malice or willfulness in the context of official immunity and the plaintiff has demonstrated prima facie proof to support the underlying claims mandating a trial.
Joni M. Thome, Legal & Security Services, Minneapolis, for Appellant.
Michael O. Freeman, Hennepin County Attorney, Beverly J. Wolfe, Assistant County Attorney, Minneapolis, for Respondents.
Considered and decided by NORTON, P.J., and HUSPENI and FOLEY, JJ.
*
A government employee appeals from an order dismissing her sexual harassment discrimination claims based on statutory and official immunity. Because we conclude that statutory immunity is not available as a defense to Minnesota Human Rights Act claims and the district court erred in its analysis of the official immunity doctrine, we reverse and remand for trial.
Susan Davis has been employed by Hennepin County as a psychiatric social worker at the Hennepin County Home School since 1989. The Home School is a residential treatment center for juvenile offenders. Juveniles at the Home School live in buildings called cottages, and Davis, for the period relevant to this appeal, was assigned to cottage # 7.
Meredith Kakach was employed by Hennepin County at the Home School from 1980 until she resigned in 1994. During the period relevant to this appeal she worked as a juvenile correctional officer and, like Davis, was assigned to cottage # 7.
In 1991 Davis purchased a new home and told co-workers that she was looking for renters. Kakach expressed interest in renting from Davis and in approximately June 1991 moved into Davis's home as a tenant. In the fall Davis became dissatisfied with the living arrangement and requested that Kakach move out, which Kakach did in December 1991.
Davis alleges that Kakach engaged in harassing behavior during and following the period that Kakach rented from her. Specifically, she charges that Kakach cleaned up after her, bought her presents, made comments to her about personal issues, talked to other people about her personal life, suggested to others that they had a romantic relationship, and called her to engage in social activities. Davis had had conversations with Kakach's work supervisor about Kakach's behavior during this period, but first made a formal complaint in April 1992.
After Davis's April 1992 complaint, Home School managers met with Kakach who agreed to desist from the offensive behaviors.
In March 1993 Davis made a second formal complaint to management about Kakach's allegedly harassing behavior. Davis complained that Kakach had told a sexually offensive joke and continued to talk about Davis to other co-workers. Davis also alleged in the spring of 1993 that Kakach inappropriately touched her and stared at her while giving her keys. In response to the second complaint, Home School officials issued an order instructing Kakach to have no contact with Davis. In addition, Kakach was given a letter of reprimand for telling the inappropriate joke. In May 1993 Davis requested a transfer to a different cottage, but her request was denied.
In January 1994 Davis again made a formal complaint about Kakach's allegedly harassing behavior. In response to this complaint Home School officials required Kakach to undergo a mental-fitness-for-duty examination. Kakach was placed on leave in March 1994 until her examination was completed. On March 16, 1994, Davis filed this suit. On March 22, 1994, Home School managers, after learning that Kakach had passed her examination, suspended her for one week. During that week-long suspension Kakach voluntarily resigned.
Davis's original complaint in this action included claims for: (1) discrimination based on gender and sexual harassment; (2) discrimination based on sexual orientation; (3) intentional and negligent infliction of emotional distress; (4) aiding and abetting; (5) reprisal and retaliation; (6) assault and battery; (7) negligent training, supervision and retention; and (8) defamation. The complaint named the Home School, Kakach, Terry Wise (Home School superintendent), and Bill Joyce (assistant superintendent) as defendants. After stipulated agreements and orders for partial summary judgment, the only remaining defendant is the Home School and the only remaining claims are: (1) discrimination based on sexual harassment, Minn.Stat. § 363.03, subd. 1(2)(c) (1996); (2) aiding and abetting, Minn.Stat. § 363.03, subd. 6 (1996); (3) reprisal and retaliation, Minn.Stat. § 363.03, subd. 7 (1996); and (4) negligent training, supervision, and retention. The district court dismissed these claims as barred by both statutory and official immunity. Davis now appeals the ruling as it applies to her claims brought under the Minnesota Human Rights Act (MHRA).
I. Is statutory immunity available as a defense to claims brought under the MHRA?
II. Did the district court err in dismissing Davis's MHRA claims on the basis of official immunity?
In an appeal from summary judgment, we determine (1) whether there are any genuine issues of material fact, and (2) whether the lower court erred in applying the law. State by Cooper v. French, 460 N.W.2d 2, 4 (Minn.1990). Whether an immunity defense applies is a question of law, Elwood v. County of Rice, 423 N.W.2d 671, 675 (Minn.1988), which we consider without deference to the decision of the district court. Frost-Benco Elec. Ass'n v. Minnesota Pub. Utils. Comm'n, 358 N.W.2d 639, 642 (Minn.1984).
Statutory immunity refers to the limited immunity enjoyed by the state and municipalities after the legislature waived the government's sovereign immunity to tort suits. See 1963 Minn. Laws ch. 798, § 2 (); 1976 Minn. Laws ch. 331, § 33 (); see also Janklow v. Minnesota Bd. of Examiners for Nursing Home Adm'rs, 552 N.W.2d 711, 715 (Minn.1996). The type of statutory immunity involved in this appeal is sometimes referred to as "discretionary immunity" and applies to a loss caused by the "performance or failure to exercise or perform a discretionary function or duty, whether or not the discretion is abused." Minn.Stat. § 466.03, subd. 6 (1996). Statutory immunity is absolute; if it applies to a given set of circumstances it absolutely bars suit and liability notwithstanding the nature of the events underlying a claim.
The rationale for statutory immunity rests in the separation of powers. Its intent is to prevent courts from second- guessing " 'policy-making activities that are legislative or executive in nature.' " Watson v. Metropolitan Transit Comm'n, 553 N.W.2d 406, 412 (Minn.1996) (quoting Nusbaum v. Blue Earth County, 422 N.W.2d 713, 718 (Minn.1988)). The Minnesota Supreme Court has distinguished between "planning level" activity and "operational level" activity in an attempt to clarify which decisions are discretionary and which are not for purposes of statutory immunity. Id. The court has indicated that the " 'crucial question * * * is whether the conduct involves the balancing of public policy considerations in the formulation of policy.' " Id. at 413 (quoting Holmquist v. State, 425 N.W.2d 230, 234 (Minn.1988)). A planning level decision is one that involves " 'questions of public policy, that is, the evaluation of factors such as the financial, political, economic, and social effects of a given plan or policy.' " Id. (quoting Holmquist, 425 N.W.2d at 232).
Statutory immunity is not available as a defense to all claims, however. The legislature may expressly or impliedly waive the operation of statutory immunity by enacting other legislation. See Janklow, 552 N.W.2d at 717-18 (). Statutory immunity is impliedly waived if it is irreconcilable with a more specific provision in the law or with a law that was enacted after the immunity provisions were enacted. Minn.Stat. § 645.26, subds. 1, 4 (1996); see also Janklow, 552 N.W.2d at 717.
Minnesota appellate courts have not yet analyzed whether statutory immunity is available as against claims brought under the Minnesota Human Rights Act (MHRA). 1 But the Minnesota Supreme Court recently undertook this analysis with respect to the Whistleblower Act and concluded that statutory immunity was not available to claims brought under that Act. Janklow, 552 N.W.2d at 718. 2 For the same reasons expressed in Janklow, we believe that the government's statutory immunity is impliedly waived by the MHRA. 3
Like the Whistleblower Act, the MHRA was enacted to protect the general public, but through enforcement of an individual's right to be free from discrimination in employment, public accommodations, housing, and public services. See generally Minn.Stat. § 363.03; cf. Janklow, 552 N.W.2d at 717 (). The purpose of the MHRA remains unchanged when the government, rather than a private entity, is the provider of employment, housing, accommodation or services. Indeed, a distinction between the rights of people discriminated against by government versus those subject to discrimination in the private sector itself offends "the broad prohibition against arbitrary classifications embodied in the Human Rights Act * * *."...
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