Wallin v. Minnesota Dept. of Corrections

• Decision Date: 03 August 1999
• Docket Number: No. C0-98-2267.,C0-98-2267.
• Citation: 598 N.W.2d 393
• Parties: Craig P. WALLIN, Appellant, v. MINNESOTA DEPARTMENT OF CORRECTIONS, et al., Respondents, Terry Bath, Respondent.
• Court: Minnesota Court of Appeals

598 N.W.2d 393

Craig P. WALLIN, Appellant, v. MINNESOTA DEPARTMENT OF CORRECTIONS, et al., Respondents, Terry Bath, Respondent.

No. C0-98-2267.

Court of Appeals of Minnesota.

August 3, 1999.

Review Denied October 21, 1999.

Stephen C. Fiebiger, Stephen C. Fiebiger & Associates, Minneapolis, for appellant.

Mike Hatch, Attorney General, Marsha Eldot Devine, Assistant Attorney General, St. Paul, for respondents except Bath.

Mike Hatch, Attorney General, Ernesto L. Chavez, Assistant Attorney General, St. Paul, for respondent Bath.

Considered and decided by SCHUMACHER, Presiding Judge, HALBROOKS, Judge, and PARKER,¹ Judge.

OPINION

HALBROOKS, Judge.

Appellant challenges the district court's dismissal of his employment claims, arguing the district court erred in (1) determining his tort claims were time-barred; (2) determining that he failed to establish a prima facie case of tortious interference with contract; (3) dismissing his defamation claims based on the statute of limitations and privilege; (4) determining it lacked jurisdiction to hear his contract claim; (5) dismissing his Minnesota Human Rights Act (MHRA) claim as time-barred and for failure to establish a prima facie case; and (6) dismissing Wallin's negligent and intentional infliction of emotional distress claims for failure to establish a prima facie case. We affirm as modified.

FACTS

Appellant Craig P. Wallin began working at the Minnesota Correctional Facility at Stillwater (MCF-STW) in 1980. Within his first five years there, Wallin was promoted from Correctional Officer I (CO I) to Correctional Officer III (CO III). The record reveals no history of job performance problems until 1991.

In 1991, Wallin was convicted of assaulting his live-in girlfriend. In March 1992, he assaulted her again. Wallin pleaded guilty to gross misdemeanor assault and was sentenced to 15 days in jail. While the charge was pending, Wallin entered a chemical dependency treatment program and returned to work on the condition that he remain free of chemicals for three years. After his conviction, following a hearing, MCF-STW warden Robert Erickson discharged Wallin effective August 27, 1992.

Wallin grieved the discharge through his union, the American Federation of State County and Municipal Employees (AFSCME), under the collective bargaining agreement (CBA) between AFSCME and the State Department of Corrections (DOC). On December 11, 1992, AFSCME and DOC reached a settlement, reinstating Wallin at a CO II level with CO III pay. The settlement and release agreement also granted Wallin pay, benefits, and sick leave/vacation accruals retroactive to his discharge. MCF-STW agreed to remove all documents relating to the discharge from Wallin's personnel file and not to impede Wallin's efforts for future transfers or promotions. Wallin's continued employment was made contingent on completion of his scheduled treatment program. Wallin signed the settlement and release, acknowledging he understood and voluntarily accepted its terms.

Shortly after his January 1993 reinstatement, Wallin requested vacation leave. His request was denied because it was not made six months in advance as required by the CBA. Wallin also requested two transfers, but those requests were denied by the institutions to which he sought to transfer. Wallin was credited with sick and vacation accruals for the period from discharge to reinstatement, but he was not credited with holiday pay.

Wallin began to have numerous problems shortly after his reinstatement. On March 28, 1993, Wallin conducted a lengthy and aggressive "shake-down" of an inmate. According to a coworker, Wallin conducted the "shake-down" for purposes of harassment and intimidation — to show the inmate "who was the boss."

On April 3, 1993, Wallin intentionally left the cell doors in an entire cell block unbolted. Wallin stated he intended his action as a learning experience for a new officer, but he did not have supervisory permission or authority to conduct a training exercise. This action compromised prison security and could have allowed an inmate to free himself from his cell.

On April 20, 1993, Wallin was involved in an incident while conducting an inmate count with respondent Elizabeth Hughes. After Hughes told Wallin to "Hurry up," Wallin said, "Don't rush me," and shook a ring of keys in front of her face in an intimidating and hostile manner. Wallin then stated, "You really think that you are something around here, but you aren't shit. You are nothing."

Wallin claims a number of other incidents demonstrate he was harassed and subjected to discrimination because of his alcoholism disability. On January 31, 1993, Wallin overheard respondent Terry Bath tell another employee, "It's just like these alcoholic fuckers * * * around here that go to treatment, go serve a jail sentence, and the institution allows them to come back; this is a bunch of bullshit." Bath received a verbal reprimand after MCF-STW investigated the comment. Bath also apologized to Wallin.

On April 3, 1993, Bath denied Wallin's request for an "early out" from his shift. Bath stated he denied the request because there were no additional officers on shift. Wallin filed a complaint, but an investigation determined the denial was not based on discrimination or harassment.

The April 20, 1993 incident between Wallin and Hughes led the DOC to convene a disciplinary committee to review allegations against Wallin. During the investigation, Wallin was placed on a five-day investigatory suspension without pay. The committee ultimately recommended to respondent Dennis Benson (warden of MCF-STW) that Wallin be terminated. Benson agreed with the recommended discharge and had respondent David Corbo (personnel director at MCF-STW) assist in the preparation of a discharge letter. Benson then sent Wallin the letter, dated April 30, 1993, detailing the reasons for his discharge. Those reasons included the incidents of March 28, April 3, and April 20, as well as a number of less serious incidents, including some from before his 1992 discharge.

In May 1993, after Wallin was discharged, Hughes wrote a memo to one of the investigators stating she believed that if Wallin returned, he "would be a serious threat to the security of the institution." She also stated in her memo that Wallin was "constantly creating a hostile work environment."

Wallin grieved his second discharge through AFSCME. Respondent Benson denied the grievance at a July 16, 1993 step-three meeting. Benson's reasons for denying the grievance were Wallin's "bizarre" and "inappropriate behavior," his "explosive temper," and that he posed a "serious security threat." The grievance was ultimately submitted to arbitration.

Following a formal arbitration hearing on March 9, 1994, the arbitrator determined that the inmate shakedown and security breach warranted discipline, but Wallin's behavior during the incident with Hughes was not punishable wrongdoing. The arbitrator ruled Wallin's misconduct was not so extreme as to warrant discharge, and ordered Wallin reinstated with the period following termination to be treated as an unpaid disciplinary suspension. After the decision, Benson renamed the April 30, 1993 letter a "suspension" letter and placed it in Wallin's personnel file in place of the "discharge" letter. Wallin returned to work in May 1994. In August 1994, Wallin was hit by a laundry cart pushed by Bath. Wallin filed a complaint, but an investigation did not reveal that the incident was intentional. Bath was warned to be more careful. In April 1996, Bath offered another officer $20 to close a door on Wallin as he was walking through. The officer did not accept Bath's offer, but Wallin later learned of the incident and made a complaint. Bath received a reprimand.

Before commencing this action, Wallin filed two complaints based on the same factual allegations. On April 20, 1995, Wallin filed suit against the DOC and against Benson, Corbo, and Hughes in their individual and professional capacities in United States District Court, District of Minnesota, alleging federal claims for: (1) violation of due process, property interest, 42 U.S.C. § 1983; (2) violation of due process, liberty interest, 42 U.S.C. § 1983; (3) violation of equal protection, 42 U.S.C. § 1983; (4) conspiracy, 42 U.S.C. § 1985(3); and (5) violation of the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. § 1140. In addition, Wallin alleged supplemental state law claims for: (1) breach of contract; (2) tortious interference with contract; (3) defamation; (4) intentional infliction of emotional distress; and (5) negligent infliction of emotional distress. On April 28, 1995, Wallin filed suit in state district court against the same parties. The complaint was voluntarily dismissed without prejudice on December 18, 1995.

On September 22, 1995, the U.S. District Court determined that, due to technical errors, Wallin had not effectively served the DOC until June 5, 1995, Benson until June 6, 1995, and Hughes and Corbo until June 9, 1995. Wallin filed an amended complaint on September 28, 1995, asserting an additional federal claim for violation of the Americans with Disabilities Act (ADA), 42 U.S.C. § 12111. On November 12, 1996, Wallin filed a second amended complaint joining Bath as a defendant and asserting an additional state law claim for violation of the Minnesota Human Rights Act (MHRA), Minn.Stat. § 363.03, subd. 6.

On August 8, 1997, the federal district court issued an order and memorandum granting respondents' motion for summary judgment on all federal claims. Wallin v. Minnesota Dep't of Corrections, 974 F.Supp. 1234 (D.Minn.1997). The district court declined to exercise supplemental jurisdiction over Wallin's state law claims and dismissed them without prejudice. The Eighth Circuit Court of Appeals affirmed. Wallin v. Minnesota Dep't of Corrections, 153 F.3d 681 (8th Cir.1998), cert. denied, ___ U.S. ___, 119...