Webb v. Haas, 7420

• Decision Date: 10 October 1995
• Docket Number: No. 7420,Docket No. K,7420
• Citation: Webb v. Haas, 665 A.2d 1005 (Me. 1995)
• Parties: Kenneth E. WEBB, individually and as Personal Representative of the Estate of Pamela Webb, and Virginia M. Webb v. Jeffrey HAAS, et al. DecisionLawen 94 90.
• Court: Maine Supreme Court

Page 1005

665 A.2d 1005

Kenneth E. WEBB, individually and as Personal Representative of the Estate of Pamela Webb, and Virginia M. Webb v. Jeffrey HAAS, et al.

Decision No. 7420.

Law Docket No. Ken 94 90.

Supreme Judicial Court of Maine.

Argued Jan. 4, 1995.

Decided Oct. 10, 1995.

David G. Webbert (orally), Law Offices of Phillip E. Johnson, Augusta, for Plaintiffs.

William R. Fisher (orally), Monaghan, Leahy, Hochadel & Libby, Portland, for Haas.

Andrew Ketterer, Attorney General, Paul Stern (orally), Assistant Attorney General, Augusta, for State of Maine.

Elizabeth G. Knox (orally), Thompson & Bowie, Portland, for M.T.A.

Before WATHEN, C.J., and ROBERTS, GLASSMAN, CLIFFORD, RUDMAN, DANA and LIPEZ, JJ.

CLIFFORD, Justice.

Jeffrey Haas appeals from an order entered in the Superior Court (Kennebec County, Chandler, J.) denying his motion to dismiss and/or for a summary judgment on the claim of Kenneth Webb, individually and as personal representative of the Estate of Pamela Webb, and Virginia Webb pursuant to the Maine Tort Claims Act (Act), 14 M.R.S.A. §§ 8001-8118 (1980 & Supp.1994), and 42 U.S.C.A. § 1983 (1994). The Webbs cross-appeal from the order (Chandler, J.) granting the Maine Turnpike Authority's motion to dismiss and the order (Mead, J.) granting the State's motion to dismiss.

The Webbs' complaint arises out of the death of their daughter after she apparently was abducted on the Turnpike. ¹ On appeal, Haas contends that (1) the Webbs' claims pursuant to the Act are barred by the statute of limitations, (2) he is entitled to immunity from the Act, (3) the Webbs failed to comply with the pleading requirements of section 1983, and (4) he is entitled to immunity from the Webbs' section 1983 claim. By their cross-appeal, the Webbs contend that (1) their claim pursuant to the Act against the State was not precluded by sovereign immunity, and (2) their claim under the Act against the Authority was not barred by the statute of limitations. For reasons stated below, we vacate that part of the order dismissing the Maine Turnpike Authority, but affirm the order of the Superior Court in all other respects.

The Webbs have alleged the following: Haas was a Maine State Police Trooper assigned to patrol the Turnpike. On July 1, 1989, Haas went on duty at 11:00 p.m., entered the Turnpike in Gray, and drove south. At approximately 11:35 p.m., he observed a disabled pickup in the southbound breakdown lane near mile 30 in Biddeford. Haas did not see anyone around the vehicle and observed that the truck had a flat tire, a spare tire was on the pavement, and the truck's tailgate was down. Haas did not stop but proceeded south to the York toll booth. He remained there for approximately an hour and fifteen minutes.

Thereafter, Haas drove north and again observed the disabled pickup. He did not observe anything different and again did not stop. Eventually, at 2:30 a.m., he stopped and conducted an inspection of the pickup. He filled out a patrol check card, which is used to mark and identify disabled vehicles. Haas did not order the vehicle towed because there was a dog in it.

On July 2, 1989, blood was found near the pickup and earrings were found ground into the gravel nearby. The State Police suspected that the driver may have been abducted. At a meeting with his night supervisor the next evening, Haas denied seeing the vehicle when he passed by the site at approximately 11:35 p.m. the previous night. The State Police subsequently opened an investigation into the disappearance of Pamela Webb, but Haas did not tell the investigators that he actually first saw her truck at 11:35 p.m. on the night of July 1.

On approximately July 18, 1989, the body of Pamela Webb was found in the woods of New Hampshire. It was determined that Webb had been the driver of the pickup and that she had been murdered.

In September 1989, Haas admitted that he first observed the pickup at 11:35 p.m. Haas was instructed to complete a report on the incident, and in the report Haas incorrectly stated that he had stopped, checked the pickup, and filled out a patrol check card at 11:35 p.m. He also gave the investigators a falsified patrol check card stating that he inspected the vehicle at 11:35 p.m.

On October 11, 1989, Haas admitted for the first time that he did not stop at 11:35 p.m. on the night of July 1 and that he did not inspect Webb's truck until 2:30 a.m. on July 2. He also admitted that the patrol check card he submitted in September had been falsified. Haas was dismissed from the State Police effective November 20, 1989 for the falsification of official State Police records and for his untruthfulness during the investigation of the disappearance and murder of Pamela Webb.

From July 2, 1989 until February 7, 1992, the Webbs had continuing contact with the State Police. On February 7, 1992, a member of the State Police called Mrs. Webb to tell her about an article concerning Haas's dismissal that was expected to be published the next day in the Kennebec Journal. This was the first time the Webbs learned that Haas had been fired or that he had been suspected of wrongdoing. Thereafter, the Webbs filed a formal notice of claim pursuant to the Act, and, on June 30, 1992, they filed this action against Haas, the State of Maine, and the Turnpike Authority. The trial court subsequently granted Haas's motion for a stay of discovery.

The court granted motions to dismiss the complaint in favor of the State (Mead, J.) and the Authority (Chandler, J ). The court also dismissed the state civil rights claims against Haas, and denied Haas's motion to dismiss and/or for a summary judgment in all other respects (Chandler, J.). Haas appeals and the Webbs cross-appeal. ²

HAAS'S APPEAL

Acting on Haas's motion to dismiss and/or for a summary judgment, the court considered matters outside of the pleadings. Normally, consideration of such matters converts a motion to dismiss into a motion for a summary judgment. M.R.Civ.P. 12(b) & (c); Colby v. York County Comm'rs, 442 A.2d 544, 548 (Me.1982). In this case, however, Haas secured a stay of discovery against him. Accordingly, we review the motion acted on by the court as a motion to dismiss. When reviewing a motion to dismiss, we assume that all of the facts as alleged in the complaint are true. Bowen v. Eastman, 645 A.2d 5, 6 (Me.1994); Sargent v. Sargent, 622 A.2d 721, 723 (Me.1993).

The complaint is examined in the light most favorable to the plaintiff to determine whether it alleges the elements of a cause of action or facts entitling the plaintiff to relief on some legal theory. It should not be dismissed unless it is beyond doubt that no relief can be granted under any facts that might be proved to support the plaintiff's claim.

Bowen, 645 A.2d at 6 (citations omitted).

I.

Haas first contends that the Webbs' claims pursuant to the Act should be dismissed because the claim accrued on the date of Pamela's abduction and was not filed within the two-year statute of limitations. The Webbs contend that the running of the statute should be tolled until the date on which they learned that Haas had been fired for intentionally falsifying a police report.

The Act contains a two-year statute of limitations. 14 M.R.S.A. § 8110 (1980). In cases of fraudulent concealment, however, the statute of limitations is extended to six years from the date the claimant discovers the cause of action. 14 M.R.S.A. § 859 (Supp.1994). ³

When reviewing a motion to dismiss, we assume that all the facts as alleged in the complaint are true. Bowen, 645 A.2d at 6; Sargent, 622 A.2d at 723. It is generally not appropriate to decide on the basis of the pleadings whether a defendant's conduct was fraudulent. Akins v. Firstbank, N.A., 415 A.2d 567, 569 (Me.1980).

The Webbs filed their complaint after the two-year statute of limitations had expired. In their complaint, however, they allege that Haas has fraudulently concealed the facts of their cause of action from them and they were prevented from having any awareness of the claims until February 1992. The allegation of fraudulent concealment in the Webbs' complaint is sufficient pursuant to section 859 to withstand a motion to dismiss based on noncompliance with the statute of limitations.

II.

Haas contends that he is entitled to personal immunity pursuant to 14 M.R.S.A. § 8111(1)(C) and (E) on the Webbs' claim pursuant to the Act. He contends that he should receive immunity for deciding not to stop and investigate Pamela's abandoned vehicle immediately after seeing it.

The Act provides governmental employees with immunity for performing either discretionary functions or intentional acts or omissions within the scope of employment, unless such actions were in bad faith. 14 M.R.S.A. § 8111(1)(C), (E). ⁴ For activities not immune pursuant to section 8111, the Act establishes "broad liability" on the part of the employee. Moore v. City of Lewiston, 596 A.2d 612, 615 (Me.1991); see 14 M.R.S.A. § 8102(2-A) (Supp.1994).

By their complaint, the Webbs allege that Haas failed to comply with patrol procedures obstructed justice, lied to police investigators, falsified a police report, and engaged in deceit. For the purposes of our review of the trial court's action on Haas's motion, we must assume that those allegations are true. Bowen, 645 A.2d at 6; Robinson v. Washington County, 529 A.2d 1357, 1359 (Me.1987). The Webbs have alleged that the actions are not within an officer's discretion and that Haas did not perform them in good faith. Based on those allegations, the Superior Court correctly denied Haas's motion. ⁵

III.

Haas further contends that the Webbs failed to comply with the heightened pleading requirement ⁶ for section 1983 claims because their claim neither identifies the federal right that Haas has allegedly violated nor does it identify conduct of Haas that rises to the level of "deliberate indifference." Accordingly, he argues, the section 1983 claims...