Stabler v. City of Mobile

• Decision Date: 06 September 2002
• Citation: 844 So.2d 555
• Parties: James A. STABLER, Jr. v. CITY OF MOBILE and Curtis Robinson.
• Court: Alabama Supreme Court

844 So.2d 555

James A. STABLER, Jr. v. CITY OF MOBILE and Curtis Robinson.

1010944.

Supreme Court of Alabama.

September 6, 2002.

Michael P. Windom of Windom & Tobias, L.L.C., Mobile, for appellant.

Jacqueline M. McConaha of Atchison, Crosby, Saad & Beebe, P.C., Mobile, for appellee City of Mobile.

Donald M. Briskman of Briskman & Binion, P.C., Mobile, for appellee Curtis Robinson.

MADDOX, Retired Justice.

This appeal presents two questions: (1) Whether the trial court erred in dismissing the plaintiff's claim alleging the tort of outrage; and (2) Whether the trial court erred in finding that the plaintiff's action against the municipal defendants was due to be dismissed because the plaintiff did not file with the City of Mobile a notice of his claim within the time allowed by law.

Facts and Procedural History

The plaintiff James A. Stabler, Jr., was employed by the City of Mobile as a police officer. His supervisor was the defendant Curtis Robinson, a sergeant with the Mobile Police Department. While he was employed by the City of Mobile in its police department, Stabler applied to the Baldwin County Sheriff's Department for a job as a deputy sheriff. It is undisputed that, on April 28, 1999, Robinson wrote and signed a letter, written on "Mobile Police Department" letterhead, to Chief Larry Milstead, of the Baldwin County Sheriff's Department, in which he stated:

"Please accept this as a confidential letter of reference regarding an applicant your department is considering hiring as a Deputy Sheriff. This applicant is James Arthur Stabler, Jr. He is currently a member of the Mobile Police Department and I am his immediate supervisor. I have supervised Officer Stabler for 1-1/2 years. During this period I have had the opportunity to rate and observe his job performance. Officer Stabler has a number of weaknesses and I feel obligated to bring them to your attention: First, Officer Stabler has problems following rules, procedures and regulations; he has a record that reflects an abuse of sick time, which kept him off from work on the night shift; he has a rash of citizen complaints filed against him on his demeanor and excessive force and 1 currently pending for investigation. Recently, he was the center of a racial incident with a black officer and disciplinary actions are pending. He also has a problem with truthfulness; and he is not dependable or trustworthy. In addition, I have found his overall job performance to be inept; and he has displayed a bad attitude that reflects prejudicialness [sic] against minorities.

"In my professional opinion, Officer Stabler is not qualified for the position of Deputy Sheriff and I hope your department considers the above stated facts in making your decision.

"Sincerely,

"/s/ Sgt Curtis Robinson

"Sergeant Curtis Robinson

"Mobile Police Department"

Stabler attached a copy of this letter to his complaint.

The record shows that the Mobile Police Department investigated Robinson's actions in writing the letter and that Robinson was suspended without pay for a period of 10 consecutive workdays. Robinson appealed that ruling to the Mobile County Personnel Board, and in an order dated November 18, 1999, the personnel board found that Robinson had violated police department rules and procedures, but determined that Robinson's discipline was too severe, and reduced his suspension to three workdays.¹

On October 22, 1999, Stabler filed a "charge of discrimination" with the Equal Employment Opportunity Commission ("EEOC"). Where asked on the charge-of-discrimination form to name "the employer, labor organization, employment agency, apprenticeship committee, state or local government agency who discriminated against me" he named the City of Mobile, the Mobile Police Department, and Sgt. Curtis Robinson. In his charge of discrimination, he claimed that he "[had] been discriminated against by Sgt. Robinson and the Police Department because of my race and retaliatory action [has] been taken against me."² After averring that "[t]he abusive and hostile work environment has been so pervasive, it has altered the conditions of my employment," Stabler stated the following in his charge of discrimination regarding the subject matter of this lawsuit:

"I had decided to leave the Police Department and applied for a position with the Baldwin County Sheriff's Department, the county in which I reside. That job would have entitled me to more pay, a take home car, better retirement benefits, and generally better working conditions. Based upon my test scores and job performance[,] I should have gotten the position. However, the attached letter of April 28, 1999, written by Sgt. Curtis Robinson on Mobile Police Department letterhead and sent to the Baldwin County Sheriff's Department, caused the opening to be withdrawn. Sgt. Robinson slandered and libeled my reputation. The letter of April 28, 1999, was unfounded, full of inaccuracies and outrageous. There was an investigation as a result of this letter written by Sgt. Robinson and the Police Department has taken little or no action to correct this problem and assure it will not occur in the future. This is not the first such incident involving Sgt. Robinson that has not been addressed or handled by the Department. I have been singled out by Sgt. Robinson, he has solicited complaints against me, and I have been subjected to racial comments and attitudes on an on-going basis. I have been the subject of ridicule, intimidation and insult. The actions of the Police Department and Sgt. Robinson have been devastating to my career and have violated my rights under Title VII of the Civil Rights Act of 1964, as amended, and the Civil Rights Act of 1991."

Based upon the foregoing facts, Stabler, on April 13, 2001, sued his supervisor, Sgt. Robinson, the City of Mobile, and the City of Mobile Police Department. In Count I of his complaint, which consisted of three counts, Stabler alleged that the April 28, 1999, letter was written by Robinson in his capacity as Stabler's supervisor and that the letter contained false and defamatory statements. He also alleged that "the Defendants knew, or should have known, of said falsity and/or acted with reckless disregard of whether or not it was false." He further alleged that "[t]he sending of the letter was malicious, wanton, and/or negligent conduct on the part of the defendants."

Count II of Stabler's complaint alleged the tort of outrage, specifically alleging that "[t]he actions by all Defendants were extreme and outrageous," and that "as a proximate result of the Defendants' outrageous conduct, he ha[d] suffered severe mental anguish, humiliation, damage to [his] reputation, loss of position, and monetary damages and benefits."

Count III of Stabler's complaint alleged that "[a]s an employer, the Defendants, City of Mobile and/or the City of Mobile Police Department, owed a duty to the Plaintiff to adequately supervise and monitor the actions of the Defendant, Curtis Robinson," and that "[t]he Defendants, City of Mobile and/or the City of Mobile Police Department, breached the aforesaid duties owed to the Plaintiff by failing to use reasonable care in adequately supervising and monitoring the actions of the Defendant, Curtis Robinson, all of which resulted in damage to the Plaintiff."

On May 11, 2001, the City of Mobile and the City of Mobile Police Department (hereinafter referred to collectively as "the City defendants") filed a motion to dismiss. In the motion the City defendants alleged that Stabler had failed to comply with the provisions of §§ 11-47-23 and XX-XX-XXX, Ala.Code 1975, as amended, because he did not file a sworn statement of claim with the City within six months of the injury alleged in the complaint. The City defendants attached to their motion an affidavit by the city clerk, who stated that she was the custodian of "all records contained in the City of Mobile, Alabama Clerk's Office." She stated that the records in her office included all notices of claims submitted to the City of Mobile. She further stated in her affidavit that she had searched for any record showing that Stabler had filed a statement of claim arising out of the incident alleged in this action, and that the only record of the claim she found was the complaint Stabler filed in this case.

Robinson filed an answer to the complaint, which he later amended, and he subsequently filed a motion for a partial summary judgment. In his summary-judgment motion, he alleged (1) that "[a]s to plaintiff's punitive damages claim in Count One (libel), plaintiff failed to comply with the required prerequisites to recovery of punitive damages as mandated by Alabama Code § 6-5-186"; (2) that "[a]s to plaintiff's claim in Count Two (outrage), the allegations made by plaintiff are insufficient as a matter of law to support an outrage claim"; and (3) that "[a]s to plaintiff's claim in Count Three (negligent supervision), the claim is directed at defendants City of Mobile and/or City of Mobile Police Department and Sergeant Robinson for the alleged negligent supervision of Sergeant Robinson," and that "Sergeant Robinson cannot be held liable for negligently supervising himself."

Stabler filed a response to the City defendants' motion to dismiss, in which he acknowledged that the City defendants were basing their motion to dismiss on his failure to comply with the provisions of §§ 11-47-23 and XX-XX-XXX, Ala.Code 1975, the six-month claim statutes. Stabler does not dispute that he did not file a statement of claim as set forth in the statutes, but he states that "in the case of Diemert v. City of Mobile, 474 So.2d 663 (Ala.1985), [this Court] held that the filing of a complaint or lawsuit within six months satisfied the statutory claims requirement." Stabler claimed that his filing of a charge of discrimination with the EEOC on October 22, 1999, was within the six-month period specified in the statutes and that that filing satisfied...