Robinson v. Beaumont, 86-198

• Decision Date: 16 March 1987
• Docket Number: No. 86-198,86-198
• Citation: 725 S.W.2d 839,291 Ark. 477
• Parties: Tommy ROBINSON and Mark Bowman, Appellants, v. William E. BEAUMONT, Jr. and Jo Grocock, Appellees.
• Court: Arkansas Supreme Court

Page 839

725 S.W.2d 839

291 Ark. 477

Tommy ROBINSON and Mark Bowman, Appellants, v. William E. BEAUMONT, Jr. and Jo Grocock, Appellees.

No. 86-198.

Supreme Court of Arkansas.

March 16, 1987.

Barron & Coleman by Randy Coleman, Little Rock, for appellants.

R. David Lewis, Little Rock, for appellees.

PURTLE, Justice.

On March 22, 1982, Pulaski County Sheriff Tommy Robinson and his deputy, Mark Bowman, arrested County Judge William E. Beaumont, Jr. and his assistant, Jo Grocock, and charged them with obstructing governmental operations in violation of Ark.Stat.Ann. § 41-2802 (Repl.1977). The arrests were subsequently declared illegal in the state courts. The appellees filed suit for damages for violation of their civil rights as defined by 42 U.S.C. § 1983. Also, the appellees alleged violations of rights guaranteed to them pursuant to the Fourth and Fourteenth Amendments to the United States Constitution.

The appellants defended the allegations by general denial and additionally pled the defense of "good faith" or qualified immunity. A motion for summary judgment, based upon absolute or qualified immunity, was filed by the appellants. No ruling on the motion was made and the case continued to trial. The issues were submitted to the jury by interrogatories. The jury found in favor of the appellants on the question of punitive damages but did not reach a verdict on compensatory damages. The trial court dismissed the complaints on punitive damages and declared a mistrial on compensatory damages. The present appellees appealed and this Court reversed and remanded for a new trial on the issue of liability of the appellants. See Beaumont v. Robinson, 282 Ark. 181, 668 S.W.2d 514 (1984).

Upon remand the present appellants again moved for summary judgment based upon the defense of "good faith" or qualified immunity. The trial court denied the motion. The present appeal is from the refusal of the trial court to grant the motion for summary judgment. The arguments for reversal are that the trial court erred in holding that appellants were not entitled to a dismissal based upon the ground of qualified immunity and that the law of the case doctrine did not require the trial court to deny the motion for summary judgment. We hold that the law of the case doctrine on this point is inapplicable. We remanded the case for a new trial on appellants' liability. In determining the issue of liability it would have been necessary and proper for the trial court to determine the issue of "good faith" immunity as claimed by the appellants. For reasons stated below, we hold that under the facts of this case, as developed at this stage of the proceedings, the qualified immunity defense does not protect the appellants from liability from suit.

The underlying basis of the arrests was that appellees refused to immediately process a purchase requisition. The appellants alleged that such refusal violated the provisions of Ark.Stat.Ann. § 41-2802, which establishes the offense of obstructing governmental operations. At the time of the arrest the parties were under a restraining order that had been issued by a federal court. This order prohibited the issuance of purchase requisitions relating to the jail funds without the prior approval of a special master appointed by the federal court. One of the duties of the appellees was to issue purchase requisitions. Beaumont offered to obtain judicial approval for the requested requisitions, but the appellants demanded the requisition immediately, without prior approval of the special master. The federal court subsequently held Robinson in contempt of court and sent him to jail for violating the federal court order.

The amended complaint in the present case alleges that Sheriff Tommy Robinson and Deputy Bowman came to appellees' office on March 22, 1982, and demanded a purchase requisition without approval of the special master. Despite Judge Beaumont's offer to obtain the permission of the master, the appellants continued to demand immediate disbursement. The complaint further alleged that Sheriff Tommy Robinson unlawfully:

[t]hrough force and abusive conduct, did attack and deny basic human freedoms to two law-abiding government officials, because they chose obedience to law rather than concession to the unlawful course Tommy Robinson dictated, were physically maltreated, paraded in handcuffs and exposed to public ridicule and humiliation, damaged in their reputations and subjected to outrageous and indefensible conduct....

In addition, the complaint specifically alleged a right of recovery based upon 42 U.S.C. § 1983 and the Fourth and Fourteenth Amendments to the United States Constitution. The complaint further stated that the appellants deprived the appellees "of life, liberty, and property without due process of law."

Generally a denial of a motion for a summary judgment is a nonappealable order. Jaggers v. Zolliecoffer, 290 Ark. 250, 718 S.W.2d 441 (1986). (Jaggers defense was based upon statutory immunity from liability). However, the general rule does not apply in this case. Arkansas Rules of Appellate Procedure, Rule 2(a)(2) states:

(a) an appeal may be taken from a circuit, chancery, or probate court to the Arkansas Supreme Court from ...

(2) an order which in effect determines the action and prevents a judgment from which an appeal may be taken or discontinues the action ..."

The principle defense was that the appellants were entitled to a "good faith" or qualified immunity from suit. There would be no further proceedings if the appellants were entitled to the claimed immunity. The refusal to grant the motion amounted to a denial of appellants' claimed defense which would have, if allowed, discontinued the action. The qualified immunity claim is a claim of right which is separable from, and collateral to, rights asserted in the complaint. Cohen v. Beneficial Industrial Loan Corp., 337 U.S. 541, 546, 69 S.Ct. 1221, 1225, 93 L.Ed. 1528 (1948). The refusal to grant this summary judgment motion had the effect of determining that the appellants were not entitled to immunity from suit. The right of qualified immunity from suit is effectively lost if a case is permitted to go to trial. Mitchell v. Forsyth, 472 U.S. 511, 105 S.Ct. 2806, 86 L.Ed.2d 411 (1985).

Our procedural rules are patterned after the federal rules; therefore, we look with persuasion upon how the federal courts have interpreted their corresponding rules. In Harlow v. Fitzgerald, 457 U.S. 800, 102 S.Ct. 2727, 73 L.Ed.2d 396 (1982), the Court held that:

[G]overnment officials performing discretionary functions generally are shielded from liability or civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known. Supra at page 817, 102 S.Ct. at page 2737.

The above portion of the Harlow opinion relates to liability from civil damages rather than immunity from suit. The opinion further states:

[W]e have held that qualified immunity would be defeated if an official 'knew or reasonably should have known that the action he took within his sphere of official responsibility would violate the constitutional rights of the [plaintiff], or if he took the action with the malicious intention of deprivation of constitutional rights or other injury....' Supra at page 817, 102 S.Ct. at page 2737.

Historically the courts have held that certain government officials are entitled to immunity from suit or damages. The purpose of granting immunity is to shield these government officials from unjustified interference with the performance of their duties and to protect them from the constant strain of potential threats of liability. Nixon v. Fitzgerald, 457 U.S. 731, 102 S.Ct. 2690, 73 L.Ed.2d 349 (1982).

Immunity may be either "absolute" or "qualified." Absolute immunity is granted to officials whose particular function or constitutional status requires complete protection from suit. It is generally applicable to legislators performing duties required of them, judges acting in their judicial functions, and certain officials of the executive branch. Harlow, supra. Absolute immunity has been extended to officers engaged in federal executive and adjudicative functions and to the President of the United States. Fitzgerald, supra. The considerations of separation of power granting absolute immunity to state and federal legislators and the President of the United States do not require absolute immunity for Cabinet Officers or the Attorney General. Mitchell, supra. The United States Supreme Court has stated that "qualified immunity, is the norm." Scheuer v. Rhodes, 416 U.S. 232, 94 S.Ct. 1683, 40 L.Ed.2d 90 (1974). It has been held, for example, that a governor and his staff receive only "qualified or good faith immunity." Scheuer v. Rhodes, supra. The purpose of granting qualified immunity or "good faith" immunity is an attempt to balance competing interests between the need to protect officials in the exercise of their discretion and the rights of citizens. Butz v. Economou, 438 U.S. 478, 98 S.Ct. 2894, 57 L.Ed.2d 895 (1978).

The defense relied upon in the present case was primarily that of qualified immunity. The law of qualified immunity has recently been reshaped in Harlow and restated in Mitchell. The Mitchell case states:

[T]his Court purged qualified immunity doctrine of its subjective components and held that 'government officials performing discretionary functions, generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.'

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Qualified immunity, similar to absolute immunity, is an entitlement not to stand trial under certain circumstances. Such entitlement is an...