R.I. Troopers Ass'n v. State
| Docket Number | C. A. PC-2019-11054 |
| Decision Date | 04 November 2021 |
| Parties | RHODE ISLAND TROOPERS ASSOCIATION and JAMES DONNELLY-TAYLOR, Plaintiffs, v. STATE OF RHODE ISLAND, DIVISION OF THE STATE POLICE, JAMES MANNI, COLONEL OF THE STATE POLICE, GOVERNOR GINA RAIMONDO, EMPLOYEES' RETIREMENT SYSTEM OF RHODE ISLAND, by and through the GENERAL TREASURER, SETH MAGAZINER, and the RETIREMENT BOARD, Defendants. |
| Court | Rhode Island Superior Court |
For Plaintiff: Carly B. Iafrate, Esq.
For Defendant: Michael P. Robinson, Esq.; Chrisanne E Wyrzykowski, Esq.; Adam Sholes, Esq.; D. Peter DeSimone Esq.; Vincent F. Ragosta, Jr., Esq.
DECISION
Before this Court are cross-motions for summary judgment by the Rhode Island Troopers Association and Trooper James Donnelly-Taylor (collectively, Plaintiffs), the State of Rhode Island, Division of the State Police, James Manni, in his official capacity as Colonel of the Rhode Island State Police, and former Governor Gina Raimondo, [1] in her official capacity (collectively, State Defendants), as well as the Employees' Retirement System of Rhode Island, by and through General Treasurer Seth Magaziner, and the Retirement Board (collectively, ERSRI). (Pis.' Mot. Summ. J., Aug 12, 2020 ; These cross-motions relate to a state trooper's appeal from the denial of disability pension benefits to which he and his union believe he is entitled. Jurisdiction is pursuant to Rule 56 of the Superior Court Rules of Civil Procedure and G.L. 1956 §§ 8-2-17, 9-30-1, 28-8-2, and 42-28-21.
For the reasons provided herein, the Court grants summary judgment to the State Defendants and ERSRI with regard to Count I of the Complaint and remands the decision of the Superintendent for further findings of fact and law consistent with this Decision.
The underlying facts related to the injury of former State Trooper James Donnelly-Taylor (Mr. Donnelly-Taylor) were set forth in part by the Rhode Island Supreme Court in State ex rel. Kilmartin v. Rhode Island Troopers Association, 187 A.3d 1090 (R.I. 2018). Rhode Island Troopers Association, 187 A.3d at 1093-94. In January 2014, Mr Donnelly-Taylor was involved in an incident during which he fired his service weapon at a "suspect vehicle" which was driving "directly at [him]." (Admin. Ex., Div. 6, at 2.) Then, in February 2014, Mr. Donnelly-Taylor was involved in the arrest and transport of Lionel Monsanto (Mr. Monsanto), who had been speeding in Pawtucket, Rhode Island. Rhode Island Troopers Association, 187 A.3d at 1093. After Mr. Monsanto was processed and escorted to a cellblock, Mr. Donnelly-Taylor entered the cellblock and physically assaulted him, which assault was captured on video. Id. at 1093-94.
In March and April 2014, Mr. Donnelly-Taylor reported that he had been injured by "work related incidents" and "work related stress" and submitted a doctor's report recommending a month of sick leave because Mr. Donnelly-Taylor was "under significant stress due to multiple personal and work-related issues." (Admin. Ex., Div. 1, at 600-01, 606.) Mr. Donnelly-Taylor was then placed on injured-on-duty (IOD) status for the first time relevant to this case and remained out of work "due to a job related injury" until early August 2014. Id. at 605, 230; see Admin. Ex., Div. 11, at 6 ¶¶ 5-7. During this time, Mr. Donnelly-Taylor was indicted by a grand jury on a charge of assault related to the February incident and subsequently pled nolo contendere to misdemeanor assault in the Sixth Division District Court. Rhode Island Troopers Association, 187 A.3d at 1094; see Admin. Ex., Div. 11, at 4. As a result of his plea, Mr. Donnelly-Taylor was ordered to perform twenty-five hours of community service, and his criminal disposition was expunged from his record. Rhode Island Troopers Association, 187 A.3d at 1094; see Admin. Ex., Div. 11, at 4.
After a meeting on August 5, 2014, during which Mr. Donnelly-Taylor admitted that his actions in February 2014 constituted violations of the Division Rules and Regulations, he was suspended without pay for a full calendar month. (Admin. Ex., Div. 11, at 4.) On his return, he underwent an independent psychiatric evaluation at the request of the Rhode Island State Police. Id. The evaluation stated that he was not ready to return to full time duty that "require[s] the use of a firearm" and needed to address his "lack of insight" into his culpability in the February 2014 incident. Id. at 18. In October 2014, Mr. Donnelly-Taylor was put on light duty status for a three-month period due to "the need for further treatment," during which time he was required to and did receive treatment. (Admin. Ex., Div. 1, at 333-35; Admin. Ex., Div. 11, at 19.) In December 2014, Mr. Donnelly-Taylor's treating physician recommended he be returned to full duty status. (Admin. Ex., Div. 11, at 2.) He was subsequently authorized to return to full duty status in January 2015. (Admin. Ex., Div. 1, at 611-12.)
In March 2016, Mr. Monsanto brought civil charges against Mr. Donnelly-Taylor, in both his official and personal capacities, related to the assault and, in May 2016, the Department of the Attorney General declined to represent Mr. Donnelly-Taylor in his individual capacity, stating that his behavior fell outside of the scope of his employment and amounted to willful misconduct. See Admin. Ex., Div. 3, at 34-35; Rhode Island Troopers Association, 187 A.3d at 1094-95.[2] Nine months later, on the evening of February 15, 2017, Mr. Donnelly-Taylor sent out a division-wide e-mail from his phone in which he asked the other troopers to watch a video purportedly recorded by Mr. Monsanto "several hours before we arrested him" that he claimed would give them "a glimpse of what [we] had to deal with the night in question."[3] (Admin. Ex., Div. 7, at 1.) He ended the e-mail by saying that, "with no one able to make public comments as to the ACTUAL facts of this case, I am left to defend myself[, ]" and thanked the recipients for their time. Id. As a result, Colonel Ann C. Assumpico (Col. Assumpico) requested that the Professional Standards Unit (PSU) investigate Mr. Donnelly-Taylor's "unauthorized use of the Division email system[.]" Id. at 2. In the subsequent report on the incident, the PSU stated that the "civil suit has taken a mental toll on Trooper Donnelly-Taylor which has resulted in concern by his immediate supervisors and members of the Command Staff that [he] is not fit for duty and should be placed on sick leave and referred to Dr. Pickett for evaluation." Id. at 3. Consequently, Mr. Donnelly-Taylor was put on sick leave and his status was changed to IOD for a second time on February 16, 2017. Id. at 4.
For the next two years, Mr. Donnelly-Taylor remained on IOD status and received treatment for his trauma and stress, which was paid for by the Rhode Island State Police (RISP). See Admin. Ex., Div. 1, at 501-80 (), 628 (critical expense request form, for payment of Mr. Donnelly-Taylor's medical treatment from Dr. Kaufmann); Admin. Ex., Trooper 1, at 9. In February 2018, his treating physician stated that Mr. Donnelly-Taylor "continue[d] to exhibit symptoms of post-traumatic stress disorder" and characterized his condition as having been "recent[ly] exacerbat[ed.]" Admin. Ex., Div. 1, at 625. In November 2018, his doctor stated that "[g]iven the chronicity of his symptoms, I consider him to be medically disabled from his prior work capacity." Id. at 627.
In December 2018, Mr. Donnelly-Taylor sent an e-mail to the Superintendent of the State Police, Col. Assumpico, stating that, after reaching out to ERSRI and notifying them of his intention to apply for a work-related disability pension, he was told to submit his request to the Superintendent. (Admin. Ex., Trooper 1, at 11.) Consequently, Mr. Donnelly-Taylor stated that he was "respectfully asking you to review all pertinent information involved in my Injured on Duty (IOD) status and award me a full disability pension" as well as "all the benefits which have been granted to past recipients." Id. In March 2019, Colonel James Manni (Col. Manni) was sworn in as the new Superintendent of the State Police. (Compl. ¶ 20; State Defs.' Answer ¶ 20.) In June 2019, Col. Manni notified Mr. Donnelly-Taylor that a hearing would be held "[i]n order to afford [him] a full and fair opportunity to state and support [his] claim to a disability pension from the Rhode Island State Police, and in order to facilitate the proper exercise of [Col. Manni's] discretion as superintendent[]" (Admin. Ex., Joint 1.)
The hearing was held on August 8, 2019. See Compl., App. A (Decision), at 1. On October 17, 2019, Col. Manni issued his decision as Superintendent (Decision), denying Mr. Donnelly- Taylor's application for disability pension benefits. (Decision at 1, 27.) In his Decision, the Superintendent listed excerpts from the treatment notes and assessments submitted to the RISP by Mr. Donnelly-Taylor's treating psychiatrist as evidence supporting his determination. Id. at 6-10. The Superintendent then found that Mr. Donnelly-Taylor had suffered injury causing disability, because "he has been diagnosed by a duly qualified psychiatrist with 'major depressive disorder and post-traumatic stress disorder (PTSD)[, ]'" and that such disability is permanent, because "his psychiatrist found that '[g]iven the chronicity of his symptoms, I consider him to be medically disabled from his prior work capacity.'" Id. at 12.
However the Superintendent distinguished between "injuries suffered 'as a direct consequence to experiences while employed as a Rhode Island State...
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