Dee v. Laramie County, No. 83-39
| Court | United States State Supreme Court of Wyoming |
| Writing for the Court | Before ROONEY; ROONEY |
| Citation | 666 P.2d 957 |
| Docket Number | No. 83-39 |
| Decision Date | 14 July 1983 |
| Parties | Michael J. DEE, Appellant (Plaintiff), v. LARAMIE COUNTY and The City of Cheyenne, Appellees (Defendants). |
Page 957
v.
LARAMIE COUNTY and The City of Cheyenne, Appellees (Defendants).
Rehearing Denied Aug. 9, 1983.
Michael J. Dee, pro se.
Vincent J. Horn, Jr., Cheyenne, for appellees.
Before ROONEY, C.J., and RAPER *, THOMAS, ROSE and BROWN, JJ.
ROONEY, Chief Justice.
Appellant, acting pro se, appeals from the district court's order dismissing with prejudice his complaint for failure to state a claim upon which relief can be granted. 1
We affirm the dismissal of the complaint but for the reason that the district court did not have jurisdiction over the subject matter. 2
In December 1982, appellant filed an action against appellees alleging that somehow appellees, acting through their respective law enforcement agencies, had violated appellant's constitutional rights or had committed malfeasance by failing to arrest appellant when they first learned that he was growing marijuana, a controlled substance.
Page 958
The complaint was unartfully drawn 3 and can be characterized as sounding in tort, if any claim for relief is stated at all. However, it is clear in that the action is brought against two governmental entities, as that term is defined in § 1-39-103, W.S.1977, Cum.Supp.1983. 4The Wyoming Governmental Claims Act, § 1-39-101, et seq., W.S.1977, Cum.Supp.1983, sets forth the exclusive remedy against a governmental entity. 5 It requires the submission of a timely claim to the governmental entity prior to bringing an action on such claim. Section 1-39-113, W.S.1977, Cum.Supp.1983, provides:
"(a) No action shall be brought under this act against a governmental entity unless the claim upon which the action is based is presented to the entity as an itemized statement in writing within two (2) years of the date of the alleged act, error or omission, except that a cause of action may be instituted not more than two (2) years after discovery of the alleged act, error or omission, if the claimant can establish that the alleged act, error or omission was:
"(i) Not reasonably discoverable within a two (2) year period; or
"(ii) The claimant failed to discover the alleged act, error or omission within the two (2) year period despite the exercise of due diligence.
"(b) The claim shall state:
"(i) The time, place and circumstances of the alleged loss or injury including the name of the public employee involved, if known;
"(ii) The name, address and residence of the claimant and his representative or attorney, if any; and
"(iii) The amount of compensation or other relief demanded.
"(c) Claims against...
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Beaulieu v. Florquist, No. 02-276.
...814, 119 S.Ct. 49, 142 L.Ed.2d 38 (1998); Boyd v. Nation, 909 P.2d 323, 325 (Wyo. 1996); Amrein, 851 P.2d at 771; Dee v. Laramie County, 666 P.2d 957, 959 (Wyo. 1983); and Board of Trustees of University of Wyoming v. Bell, 662 P.2d 410, 414 (Wyo. 1983). However, as early as Utah Const. Co.......
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Wooster v. Carbon County School Dist. No. 1, No. 04-146.
...an appeal on our own motion for lack of subject matter jurisdiction. Three months later, we did the same in Dee v. Laramie County, 666 P.2d 957, 959 (Wyo.1983). In Dye by Dye v. Fremont County School Dist. No. 24, 820 109 P.3d 898 P.2d 982, 984 (Wyo.1991), we agreed with the district court'......
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Brown v. City of Casper, No. S–09–0263.
...of a notice of claim. [248 P.3d 1144] 3. Rulings Resulting from Bell [¶ 31] Relying on Bell, the Court in Dee v. Laramie County, 666 P.2d 957 (Wyo.1983), in a decidedly brief opinion, upheld the dismissal of a pro se complaint on the ground that it failed to allege presentation of a notice ......
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Board of County Com'rs of County of Laramie v. Laramie County School Dist. Number One, No. 93-234
...and the County Treasurer rely upon Dye by Dye v. Fremont County School Dist. No. 24, 820 P.2d 982 (Wyo.1991) and Dee v. Laramie County, 666 P.2d 957 (Wyo.1983) for the proposition that, arguably, the School District may be authorized to sue the county under Wyo.Stat. § 1-35-107 (1988), but ......
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Beaulieu v. Florquist, No. 02-276.
...814, 119 S.Ct. 49, 142 L.Ed.2d 38 (1998); Boyd v. Nation, 909 P.2d 323, 325 (Wyo. 1996); Amrein, 851 P.2d at 771; Dee v. Laramie County, 666 P.2d 957, 959 (Wyo. 1983); and Board of Trustees of University of Wyoming v. Bell, 662 P.2d 410, 414 (Wyo. 1983). However, as early as Utah Const. Co.......
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Wooster v. Carbon County School Dist. No. 1, No. 04-146.
...an appeal on our own motion for lack of subject matter jurisdiction. Three months later, we did the same in Dee v. Laramie County, 666 P.2d 957, 959 (Wyo.1983). In Dye by Dye v. Fremont County School Dist. No. 24, 820 109 P.3d 898 P.2d 982, 984 (Wyo.1991), we agreed with the district court'......
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Brown v. City of Casper, No. S–09–0263.
...of a notice of claim. [248 P.3d 1144] 3. Rulings Resulting from Bell [¶ 31] Relying on Bell, the Court in Dee v. Laramie County, 666 P.2d 957 (Wyo.1983), in a decidedly brief opinion, upheld the dismissal of a pro se complaint on the ground that it failed to allege presentation of a notice ......
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Board of County Com'rs of County of Laramie v. Laramie County School Dist. Number One, No. 93-234
...and the County Treasurer rely upon Dye by Dye v. Fremont County School Dist. No. 24, 820 P.2d 982 (Wyo.1991) and Dee v. Laramie County, 666 P.2d 957 (Wyo.1983) for the proposition that, arguably, the School District may be authorized to sue the county under Wyo.Stat. § 1-35-107 (1988), but ......