Kiesau v. Bantz

• Decision Date: 01 September 2004
• Docket Number: No. 03-0815.,03-0815.
• Citation: 686 N.W.2d 164
• Parties: Crystal KIESAU, Appellant, v. Tracey BANTZ, Buchanan County, Iowa, and Leonard R. Davis, Appellees.
• Court: Iowa Supreme Court

686 N.W.2d 164

Crystal KIESAU, Appellant, v. Tracey BANTZ, Buchanan County, Iowa, and Leonard R. Davis, Appellees.

No. 03-0815.

Supreme Court of Iowa.

September 1, 2004.

Tom Riley of Tom Riley Law Firm, P.L.C., Cedar Rapids, for appellant.

Kevin D. Engels of Correll, Sheerer, Benson, Engels, Galles & Demro, P.L.C., Cedar Falls, for appellee Bantz.

William G. Nicholson of Rush & Nicholson, P.L.C., Cedar Rapids, for appellees Buchanan County and Davis. WIGGINS, Justice.

Tracey Bantz (Bantz), a deputy sheriff employed by the Buchanan County (County) Sheriff's Department, altered a photograph of fellow officer Crystal Kiesau (Kiesau) to make it appear that Kiesau was standing with her K-9 dog in front of her sheriff's vehicle with her breasts exposed. Bantz showed and electronically mailed the altered photograph to third persons. Upon learning of Bantz's actions, Kiesau brought an action against Bantz for defamation and invasion of privacy. She later amended her petition to include claims for negligent hiring, supervision, and retention against the County and Buchanan County Sheriff Leonard Davis (Davis).

The defendants moved for summary judgment. The district court granted summary judgment in favor of Davis and the County rejecting Kiesau's claims for negligent hiring, supervision, and retention because she did not incur a physical injury. The district court also found when it viewed the record in a light most favorable to Kiesau, as a matter of law, she was not entitled to punitive damages against Davis. The court overruled Bantz's motion for summary judgment. The claims against Bantz proceeded to trial resulting in a jury verdict in favor of Kiesau.

Because we conclude in a claim based on negligent hiring, supervision, or retention, the injured party need not suffer physical injury, and a genuine issue of material fact exists as to whether Kiesau is entitled to punitive damages on her claim against Davis, we reverse the district court's order granting summary judgment in favor of Davis and the County. We affirm the judgment in favor of Kiesau against Bantz because the district court properly instructed the jury and substantial evidence supported the jury verdict against Bantz on the issues of defamation, compensatory damages, and punitive damages.

I. Background Facts and Proceedings.

When viewed in a light most favorable to Kiesau, the record supports the following facts. In October 1997, Kiesau began her employment with the County as a deputy sheriff. She was the first and only female employed by the department as a deputy sheriff. Initially, Kiesau worked as an undercover agent for the drug task force. Later, she became involved in the K-9 program, eventually becoming a dog handler. In the summer of 1999, with Kiesau's permission, the K-9 training school's website posted a photograph of Kiesau standing in front of a marked Buchanan County sheriff patrol car with her police dog.

The County also employed Bantz as a deputy sheriff. Bantz is the son-in-law of Davis. Kiesau tried to be friendly with Bantz, but he seldom acknowledged her and would oftentimes walk out of the room when Kiesau entered. Kiesau eventually made a complaint against Bantz after he began writing critiques on her official reports.

Over the course of his employment, Davis received many other complaints against Bantz. Captain Hepke testified the complaints lodged against Bantz were the most complaints he has ever received against a deputy in his twenty-two years of law enforcement experience. In 1997, Sergeant Wolfgram sent a memo to Davis and Hepke concerning Bantz's refusal to respond to a dispatch call. Wolfgram informed Davis and Hepke, "I am getting tired of people complaining that nothing ever happens to Deputy Bantz when a complaint is written up." In 1998, Lieutenant Jerry D. Furness wrote a complaint and recommended Davis terminate Bantz as a canine handler. Furness alluded to Bantz's recent disciplinary problems and based this recommendation on Bantz's lack of honesty, integrity and good judgment; Bantz's inability to work independently and unsupervised; his lack of cooperation with other members of the unit and his supervisors; and his lack of courage. Furness described Bantz as "a lawsuit waiting to happen even without a dog." In 1999, Furness once again submitted a written complaint to Davis and Hepke stating Bantz was the cause of the turmoil and low morale in the department. Furness informed Davis and Hepke that Bantz "is admittedly arrogant in his knowledge that he can do anything and nothing will happen to him." Furness also expressed the feelings of the other deputies in the department that Bantz's actions would eventually cause a lawsuit. Furness further informed Davis the deputies were looking for someone to run against Davis for sheriff because of Bantz's actions. Davis apparently took no action in response to these complaints.

On February 14, 2000, Kiesau sustained physical injuries in a collision with another vehicle while she was on duty and traveling in her police vehicle. On April 27, 2001, Kiesau left her employment at the sheriff's office after Davis asked her to resign from the department because he did not believe she was physically capable of performing the heavy-duty activities of a police officer.

In February 2001, from his home computer, Bantz acquired the photograph of a uniformed Kiesau posing with her K-9 dog and digitally altered it to make it appear that Kiesau had pulled up her shirt to expose her breasts. Beginning in February 2001 and continuing for approximately ten months, Bantz showed the altered photograph to several individuals and electronically mailed it to others, including members of the sheriff's department and the Independence Police Department. It is unclear how many people viewed the altered photograph. At first, Bantz identified himself as the sender of the altered photograph, but he later sent the altered photograph anonymously. Bantz also admitted showing the altered photograph to other law enforcement officers while they and he were on duty.

In November 2001, Bantz sent an anonymous electronic message, under the name of iamyourdaddy9@hotmail.com of the altered photograph to Assistant Chief of Police of Independence, Darwin Meyers. Meyers decided to investigate the identity of the sender of the altered photograph. He determined it was Bantz. Meyers informed Furness of the altered photograph, who in turn informed Kiesau. Kiesau testified she was humiliated and angry when she saw the photograph. Kiesau sought psychiatric treatment for her emotional distress resulting from Bantz's actions.

Kiesau filed suit against Bantz seeking compensatory and punitive damages for defamation and invasion of privacy. Later, Kiesau added the County and Davis as defendants. The amended petition alleged the two added defendants negligently hired, supervised, or retained Bantz. She sought compensatory damages against Davis and the County. She also sought punitive damages against Davis.

The County and Davis moved for summary judgment. Relevant to this appeal, they argued the district court should dismiss Kiesau's claims of negligent hiring, supervision, and retention because Kiesau claimed no physical injury, and Davis cannot be liable for punitive damages.

In the district court, Judge Alan L. Pearson dismissed Kiesau's claims for negligent hiring, supervision, and retention against Davis and the County because of Kiesau's lack of physical injury. The district court also concluded when it viewed the record in a light most favorable to Kiesau, as a matter of law, she was not entitled to punitive damages against Davis.

Bantz filed a separate motion for summary judgment, which district court Judge Lawrence H. Fautsch overruled. Judge Fautsch submitted Kiesau's claims against Bantz for defamation and invasion of privacy to the jury. The jury found Kiesau was entitled to damages for defamation and invasion of privacy and awarded her $96,000 in compensatory damages and $60,000 in punitive damages. Kiesau and Bantz appeal.

II. Issues.

Kiesau contends her claim for negligent hiring, supervision, or retention is viable without physical injury. Kiesau further argues if we allow her to proceed under the theory of negligent hiring, supervision, or retention, a genuine issue of material fact exists as to the issue of punitive damages against Davis.

Bantz contends the district court should have granted his motion for summary judgment. He also contends the district court improperly instructed the jury, and there was insufficient evidence to support the verdict.

III. Scope of Review.

Our review of a summary judgment ruling is for correction of errors at law. Campbell v. Delbridge, 670 N.W.2d 108, 110 (Iowa 2003). Summary judgment is appropriate if there are no disputed issues of material fact and the moving party is entitled to judgment as a matter of law. See Iowa R. Civ. P. 1.981(3). On a motion for summary judgment, we view the record in the light most favorable to the nonmoving party. Bushby v. Washington County Conservation Bd., 654 N.W.2d 494, 496 (Iowa 2002).

We review challenges to jury instructions for correction of errors at law, while we review a court's refusal to give an instruction for an abuse of discretion. State v. Piper, 663 N.W.2d 894, 914 (Iowa 2003).

We review a challenge for sufficiency of evidence to support a jury's verdict to determine whether substantial evidence in the record supports the jury's findings. Cedar Falls v. Cedar Falls Sch. Dist., 617 N.W.2d 11, 16 (Iowa 2000). On appeal, we view the evidence in the light most favorable to the verdict, taking into consideration all reasonable inferences that could be fairly made by the jury. Id.

IV. Kiesau's Appeal.

A. Does a claim based on negligent hiring, supervision, or retention require physical injury?

Citing Graves v. Iowa Lakes Community College, the district court dismissed Kiesau's claims of negligent...