Henderson v. State

• Decision Date: 27 February 1986
• Docket Number: No. 15853,15853
• Citation: 110 Idaho 308,715 P.2d 978
• Parties: , 122 L.R.R.M. (BNA) 2030 Carl B. HENDERSON, Plaintiff-Appellant, v. STATE of Idaho, State Hospital South, Department of Health and Welfare, Dean R. Ackley, Richard B. Bolton, Paul S. Boyd, Richard M. Chastaine, J. Ray Cox, John W. Harris, Emily Mc Dermott, Dwight J. Petersen, K. Randall Smith, Richard W. Thomas, Defendants-Respondents.
• Court: Idaho Supreme Court

Page 978

715 P.2d 978

110 Idaho 308, 122 L.R.R.M. (BNA) 2030

Carl B. HENDERSON, Plaintiff-Appellant, v. STATE of Idaho, State Hospital South, Department of Health and Welfare, Dean R. Ackley, Richard B. Bolton, Paul S. Boyd, Richard M. Chastaine, J. Ray Cox, John W. Harris, Emily Mc Dermott, Dwight J. Petersen, K. Randall Smith, Richard W. Thomas, Defendants-Respondents.

No. 15853.

Supreme Court of Idaho.

Feb. 27, 1986.

Carl B. Henderson, Boise, pro se.

Jim Jones, Atty. Gen., and Steven M. Parry, for defendants-respondents.

HUNTLEY, Justice.

This proceeding arises out of the dismissal of Carl B. Henderson, a former employee of State Hospital South. Henderson held the title of "Psychologist III," and was a classified state employee. He began working at State Hospital South on October 1, 1970, and after almost five years of service, was terminated on April 14, 1975. After a series of hearings, Henderson was reinstated by the former Director of Health and Welfare, James Bax. He was again discharged on May 27, 1977. Henderson claims that prior to his final discharge, he was ordered to treat untreatable patients, harassed, and ordered to perform duties beyond the scope of his expertise. Henderson claims that this pressure and stress in his work environment led to numerous medical difficulties, including two right eye hemorrhages, hypertension, bowel and urination problems, rosecea, hypersensitivity to heat, depression and anxiety, and posture hypotension. Henderson also states that these injuries necessitated that he begin a special diet.

At Henderson's request, the Department of Health and Welfare conducted three hearings into Henderson's discharge, in October 1977, December 1977, and in March 1978, finally upholding Henderson's discharge. Henderson then appealed to the State Personnel Commission. The commission conducted hearings in August 1978, November 1979 and February 1980 and rendered a decision affirming Henderson's termination on August 14, 1981. Henderson failed to appeal this decision to the district court "due to lack of funds."

Henderson next filed a Worker's Compensation claim with the Idaho State Industrial Commission for his alleged work-related physical complaints on May 17, 1983. Henderson withdrew that claim on November 9, 1984.

On September 7, 1984, Henderson filed the complaint, which is the subject of this appeal, in district court. His claims are against State Hospital South, the Department of Health and Welfare, the State of Idaho and various state employees for damages for injuries suffered by and during his employment, for wrongful discharge and for violation of his civil rights under 42 U.S.C. § 1983. Henderson appeals the district court's order dismissing all three claims. We affirm and discuss each issue in turn.

I. The Worker's Compensation Claim

On November 9, 1984, Henderson withdrew from consideration his worker's compensation claim filed on May 17, 1983.

Idaho Code sections 72-201 (1983-84) and 72-211 (1983-84) vest exclusive jurisdiction over claims for injuries arising out of and in the course of employment in the Idaho State Industrial Commission. I.C. § 72-201 (1983-84) provides in pertinent part:

The common law system governing the remedy of workmen against employers for injuries received and occupational diseases contracted in industrial and public work is inconsistent with modern industrial conditions.... The State of Idaho, therefore, exercising herein its police and sovereign power, declares that all phases of the premises are withdrawn from private controversy, and sure and certain relief for injured workmen and their families and dependents is hereby provided regardless of questions of fault and to the exclusion of every other remedy, proceeding or compensation, except as is otherwise provided in this act, and to that end all civil actions and civil causes of action for such personal injuries and all jurisdiction of the courts of the state over such causes are hereby abolished, except as is in this law provided. [Emphasis added.]

I.C. § 72-211 (1983-84) provides:

Subject to the provisions of section 72-223, the rights and remedies herein granted to an employee on account of an injury or occupational disease for which he is entitled to compensation under this law shall exclude all other rights and remedies of the employee, his personal representatives, dependents or next-of-kin, at common law or otherwise, on account of such injury or disease. [Emphasis added].

Accordingly, the district court properly dismissed Henderson's claim for damages allegedly induced by and during his employment.

II. The Wrongful Discharge Claim

Title 67, chapter 53 of the Idaho Code outlines the procedures required of classified state employees seeking to pursue claims of wrongful discharge. I.C. § 67-5316 (1981) provides in pertinent part:

67-5316. Procedure before the Idaho personnel commission.--(a) Any classified employee who is discharged, demoted or suspended after completing his probationary period of service, may, within thirty (30) days after such discharge, demotion, or suspension, appeal to the commission for review thereof.... Such hearings shall be conducted in accordance with the procedure established by rules adopted pursuant to chapter 52, title 67, Idaho Code.

....

(k) A decision and order of the commission shall be final and conclusive between the parties, unless within thirty (30) days of the filing of such decision, either party appeals to the district court. Where the decision and order of the commission directed the reinstatement of an employee, the employee shall be reinstated upon receipt of a copy of the decision and order unless a stay of the order be granted by the district court upon proper petition. [Emphasis added.]

In Swisher v. State Department of Environment and Community Services, 98 Idaho 565, 569 P.2d 910 (1977), we held the appellate procedures outlined in title 67, chapter 53 of the Idaho Code, and not the provisions of the Administrative Procedures Act, are the exclusive remedy for classified state employees asserting wrongful discharge. Swisher, 98 Idaho at 569-70, 569 P.2d at 914-15.

In the instant case, Henderson both instituted grievance procedures before the Department of Health and Welfare and appealed his discharge to the Idaho Personnel Commission, as required by I.C. § 67-5316(a) (1978-81). Once the Idaho Personnel Commission rendered a final decision, as they did on August 14, 1981, Henderson had exhausted his administrative remedies. However, Henderson did not appeal the decision of the personnel commission to the district court within thirty days, as mandated by I.C. § 67-5316(k) (1981), "due to lack of funds."

It is well settled that the doctrine of res judicata will serve as a bar to relitigating claims which have already been litigated between the parties in a previous adversary proceeding. Shea v. Bader, 102 Idaho 697, 699, 638 P.2d 894, 896 (1981) (employer's claim barred by principles of res judicata and collateral estoppel where issue had already been litigated before, and a decision reached by, the industrial commission and where employer failed to either appeal in timely manner or allege fraud, as required by I.C. § 72-718).

I.C. § 67-5316(k) (1981) is clear. Henderson had thirty days to appeal the decision of the personnel commission. He did not do so. As a result, the decision of the personnel commission became final on September 13, 1981, and the doctrine of res judicata applies to bar his claim for wrongful discharge. ¹

III. The 42 U.S.C. § 1983 Claim

Finally, Henderson asserts that the personnel commission's delay and alleged arbitrariness in reaching a decision regarding his termination deprived him of due process and equal protection of the law for which violations he filed a civil rights claim pursuant to 42 U.S.C. § 1983 (1981).

Regardless of the tenuous substantive nature of Henderson's claim, given Henderson's own delay and failure to appeal the decision of the personnel commission, his claim is barred by the applicable statute of limitations.

Our ruling is grounded in Wilson v. Garcia, 471 U.S. 261, 105 S.Ct. 1938, 85 L.Ed.2d 254 (1985). The Wilson court reiterated the general rule that "[t]he characterization of § 1983 for statute of limitations purposes is derived from the elements of the cause of action, and Congress' purpose in providing it. These, of course, are matters of federal law.... Only the length of the limitations period, and closely related questions of tolling and application, are to be governed by state law." Wilson, 105 S.Ct. at 1943.

The Wilson court then went on to hold that the federal interest in uniformity, certainty and in preventing state discrimination against federal civil rights claims required that a standard characterization of all 42 U.S.C. § 1983 claims as personal injury actions be made.

[A] simple, broad characterization of all § 1983 claims best fits the statute's remedial purpose. The experience of the courts that have predicated their choice of the correct statute of limitations on an analysis of the particular facts of each claim demonstrates that their approach inevitably...