Porter v. City of Manchester
| Citation | 849 A.2d 103,151 N.H. 30 |
| Decision Date | 14 May 2004 |
| Docket Number | No. 2003–099.,2003–099. |
| Court | New Hampshire Supreme Court |
| Parties | Michael PORTER v. CITY OF MANCHESTER and another. |
Backus, Meyer, Solomon & Branch, LLP, of Manchester (Jon Meyer on the brief and orally), for the plaintiff.
McDonough & O'Shaughnessy, P.A., of Manchester (Robert J. Meagher on the brief and orally), for defendant City of Manchester.
Walker & Buchholz, P.A., of Manchester (James G. Walker on the brief and orally), for defendant Susan Lafond.
Upton & Hatfield, LLP, of Concord (Heather M. Burns and Lauren S. Irwin on the brief), and Law Offices of Nancy RichardsStower, of Merrimack (Nancy Richards–Stower on the brief), for the New Hampshire Chapter of the National Employment Lawyers Association, as amicus curiae.
The defendants, City of Manchester (city) and Susan Lafond, appeal a jury verdict in Superior Court (Lynn , J.) awarding the plaintiff, Michael Porter, compensatory and punitive damages for wrongful termination, see Cloutier v. Great A. & P. Tea Co., Inc., 121 N.H. 915, 436 A.2d 1140 (1981), and violation of 42 U.S.C. § 1983 (2000).
On appeal, the city argues that: (1) the trial court erred by refusing to instruct the jury on the doctrine of respondeat superior; (2) Porter failed to properly allege and prove his constructive discharge claim; (3) the trial court erred when it allowed Porter to recover emotional distress damages; and (4) the trial court erred when it permitted Porter to submit a claim for lost future earnings to the jury.
Lafond argues that: (1) the trial court erred when it granted Porter's request for punitive damages; (2) she was entitled to qualified immunity; (3) the trial court erred when it allowed Porter to request damages for violation of his State constitutional rights; (4) Porter failed to establish that, when he spoke out, he was motivated by the public interest; and (5) the trial court erred when it allowed Porter to introduce expert testimony.
We reverse the verdict against the city and remand for further proceedings consistent with this opinion. We affirm the verdict against Lafond.
The jury could have found the following facts. In September 1997, Porter was hired as a caseworker in the city's Welfare Department (department). Lafond was the elected commissioner of the department. According to Lafond, Porter was a "great" caseworker.
As time passed, Porter became increasingly concerned about "certain office practices." Specifically, Porter was troubled that Lafond discouraged caseworkers from reporting client fraud, child abuse, child neglect and threats to public safety. In late 1999, Porter informally expressed his concerns to Mark Hobson, the city's human resources director. Porter was, however, unwilling to come forward, and, as a result, the issues he raised with Hobson were not communicated to Lafond.
In April 2000, after one of his clients committed suicide, Porter took a medical leave of absence. While on leave, Porter met with representatives of the human resources department. Porter shared his concerns about how Lafond was frequently absent from the office, discouraged caseworkers from reporting client welfare fraud, discouraged caseworkers from reporting public safety threats, and asked caseworkers, during the workday, to fill in at a nonprofit homeless shelter (where Lafond sat on the board of directors).
After the human resources department informed Lafond of Porter's complaints, she said that Porter "had to go." When he returned to work in May 2000, Lafond said to Porter, "[W]e'll see how long you last." Lafond also made Porter feel "very uncomfortable" by glaring at him, sticking her head into his office and ignoring comments he made at staff meetings. In the summer of 2000, Lafond physically bumped into Porter as they passed one another in the hallway. In addition, Lafond began to take a greater interest in Porter's cases.
In light of Porter's complaints, the city asked the Manchester Police Department to conduct an investigation of the welfare department. The police interviewed all of the department's employees, as well as Lafond. A written summary of the investigation was released in late June 2000. The police found it "highly unusual" that the department had not prosecuted any cases of welfare fraud under Lafond's administration. The police concluded, however, that there was "no evidence of [c]riminal conduct on the part of the City Welfare department [and/or] Commissioner Susan Lafond."
On July 5, 2000, Lafond issued a press release that was published in the local newspaper. In it, she stated that the police investigation had "completely cleared the department of any criminal conduct." She further stated that the investigation was conducted because of allegations made by a " disgruntled welfare department employee."
Upset at being portrayed as a disgruntled employee, Porter prepared his own press release. His press release described Lafond as someone who "coddle[d]" a non-registered sex offender. According to Porter, however, the only portion of his press release that was published in the newspaper described an incident in which Lafond asked a department employee to accompany her to Worcester, Massachusetts to adopt a dog during the workday.
On July 18, 2000, Porter took a second leave of absence. At that time, he was experiencing a variety of physical symptoms that he attributed to workplace stress. Porter was unable to sleep and had difficulty concentrating. Porter also experienced headaches, diarrhea and vomiting.
While on leave, Porter was required by the city to avoid contact with department employees and to relinquish his keys to the welfare office. The city also asked Porter to participate in vocational testing and have a complete physical examination. Although there was discussion about transferring him to another department, the city did not offer Porter an alternative position.
Porter saw Dr. Calvin Genzel, a licensed psychologist, for vocational testing. In addition to completing a vocational assessment, Genzel diagnosed Porter as having a post-traumatic stress disorder
and major depression.
While Porter was on leave, Lafond told her employees that human resources had "intervened and removed" him and that Porter's leave "was permanent and that he wasn't to have contact with [the] staff." At trial, Lafond claimed that she was simply relaying information that Hobson had given her regarding Porter's leave. Hobson, on the other hand, testified that he did not tell Lafond that Porter had left the department permanently. He did, however, authorize Lafond to hire a temporary replacement. During this same time period, Lafond told another department employee that if Lafond's son could, "he'd come down and take out about four or five people."
Porter returned to work on August 22, 2000. Lafond objected to Porter's return and told Hobson that she wanted "something in writing from a psychologist that said he was fit to return to duty, that he was emotionally stable to return to work." Lafond also objected to Porter's leave being charged to her budget. After a staff meeting on September 13, 2000, Lafond told an employee of the department that Porter "was sick and that he needs help and that he's in counseling and that he's out to destroy [Lafond]."
In an attempt to remedy the escalating situation in the department, the city hired Dr. Gerri King, an organizational psychologist, to facilitate a meeting between Lafond and her employees. Lafond refused to participate in "any exercise or seminar" sponsored by the city until she received a fitness for duty report on Porter from a mental health physician. As a result, the September 27, 2000 meeting with King was recast as a stress management session. During the meeting, Lafond sat away from the table, "rock [ed] in her chair and pound[ed] her feet into the floor." After the meeting, Lafond took an extended leave of absence.
While Lafond was on leave, the city met with her employees, including Porter, on several occasions. At a January 10, 2001 meeting, department employees shared their concerns with Ronald Robidas, the city's security manager, and Tom Jordan, coordinator of the city's Employee Assistance Program. After the meeting, Robidas and Jordan told Hobson that the employees had valid concerns and recommended developing a plan to help them deal with Lafond's return. Additionally, Robidas recommended that Lafond have a psychological evaluation. Mayor Robert Baines also met with Lafond's employees while she was on leave.
On February 1, 2001, Mayor Baines sent a letter to Lafond informing her that when she returned from leave, she would be required to perform her duties from City Hall, rather than from the welfare department. Mayor Baines issued this directive because "it would [ ] allow the employees to come into their work environment feeling secure in their workplace and would also allow [the city] to once again insist before the two parties got together that there was some facilitator that would help work through the issues."
Lafond chose to defy the Mayor's order. On the morning of February 2, 2001, Lafond arrived at the department with her son and her attorney. Robidas and Lieutenant Lussier of the Manchester Police Department intercepted Lafond upon her arrival. After being told that she would be arrested for criminal trespass if she attempted to enter the building, Lafond requested permission to retrieve some items from her office. Lafond went into her office briefly and left the building shortly thereafter.
The city then organized a series of mediation sessions, which were described as "very tense" and ultimately unsuccessful. According to Mayor Baines, the employees were willing to cooperate in the mediation process, but Lafond was not. Lafond, however, attributed the lack of success to the fact that the meetings were unstructured.
On April 23, 2001, Lafond returned to work. The city...
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