Barthelmes v. Martineau

10 Mass. L. Rptr. 158
CourtMassachusetts Superior Court
DecidedApril 27, 1999
DocketNo. 982378
StatusPublished

This text of 10 Mass. L. Rptr. 158 (Barthelmes v. Martineau) is published on Counsel Stack Legal Research, covering Massachusetts Superior Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Barthelmes v. Martineau, 10 Mass. L. Rptr. 158 (Mass. Ct. App. 1999).

Opinion

Fecteau, J.

[159]*159INTRODUCTION

This action arises out of the termination of plaintiffs Kimberly Barthelmes and Karen LaMagdeliene (“plaintiffs”) by defendant Olympus Health Care Group, Inc. (“Olympus”) after a co-employee, defendant Paula Martineau (“Martineau”), made a complaint against them for sexual harassment. Plaintiffs have filed the following claims: a claim against Olympus for a violation of the Massachusetts Civil Rights Act, G.L.c. 12, §1II (Count I); a claim against Martineau for defamation (Count III); and claims against Olympus and Martineau for intentional or negligent infliction of emotional distress (Count II), and wrongful termination (Count IV). Defendants have filed a motion to dismiss under Rule 12(b)(6), seeking to dismiss Counts I, II and IV. For the reasons discussed below, the defendants’ motion is allowed in part and denied in part.

BACKGROUND

The facts, as taken from the complaint, are as follows. Olympus employed Kimberly Barthelmes (“Barthelmes”) as a Clinical Supervisor in occupational therapy from March 18, 1996 until August 18, 1998, and employed Karen LaMagdeliene (“LaM-agdeliene”) as a Rehab Technician from April 1, 1996 until August 18, 1998. Throughout this period, the quality and quantity of their work consistently met or exceeded the requirements of their jobs. As a Clinical Supervisor, Barthelmes provided a positive working environment, which was sensitive to the needs of the employees and organization, and she worked effectively with all individuals in a nondiscriminating manner.

On or about August 13, 1998, Hollyanne Peck (“Peck”), a Building Rehab Team Leader for Olympus, told Barthelmes that Martineau had called Peck at home. Martineau told Peck that Martineau had overheard a private conversation behind closed doors between Peck, LaMagdeliene and Barthelmes, in which Martineau was being discussed. In the conversation overheard by Martineau, Peck, who is admittedly of homosexual orientation, made reference to Martineau’s sexual orientation, who is allegedly of homosexual orientation.3

On or about August 14, 1998, a meeting was held between LaMagdeliene and Linda Rahm, Regional Director of Operations for Olympus, in which LaM-agdeliene was asked about the conversation between Peck, Barthelmes and LaMagdeliene. LaMagdeliene told Rahm what she knew of the conversation. Rahm then informed LaMagdeliene that Martineau had filed a sexual harassment complaint, and that she was named in the complaint. Barthelmes was, presumably, also named in the complaint.

On or about August 17, 1998, Rahm told LaM-agdeliene and Barthelmes that they were being suspended during the investigation process of the sexual harassment complaint. Peck, however, was not suspended, On or about August 18, 1998, Rahm told LaMagdeliene and Barthelmes over the telephone that they were being terminated because Olympus’s attorney said that they were a liability due to the sexual harassment complaint.

DISCUSSION

When evaluating the sufficiency of a complaint pursuant to Mass.R.Civ.P. 12(b)(6), the Court must accept as true the factual allegations of the complaint, as well as any reasonable inferences to be drawn from them in the plaintiffs favor. See Eyal v. Helen Broadcasting Corp., 411 Mass. 426, 429 (1991), and cases cited. “(T]he complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.” Nader v. Citron, 372 Mass. 96, 98 (1977) (quoting Conley v. Gibson, 355 U.S. 41, 45-46 (1957)); see also Charbonnier v. Amico, 367 Mass. 146, 152 (1975); Whitinsville Plaza, Inc. v. Kotseas, 378 Mass. 85, 89 (1979). “A complaint is not subject to dismissal if it would support relief on any theory of law.” Whitinsville Plaza, Inc., 378 Mass. at 89.

I. Count I — Violation of the Massachusetts Civil Rights Act

In Count I, the plaintiffs allege that Olympus terminated them in violation of the Massachusetts Civil Rights Act (“MCRA”), G.L.c. 12, §111, “by interfering with their exercise or enjoyment of rights secured by the constitution of the United States, or of rights secured by the constitution or laws of the Commonwealth.” (Complaint, par. 19.) According to the complaint, Olympus violated the MCRA because the plaintiffs’ termination “was based on unreliable, unfounded evidence.” (Id., par. 20.) Additionally, the termination “was carried out in violation of personnel procedure!,]” and was a pretext to disguise the real motivation behind their termination, i.e., “to protect the company from an alleged, unfounded sexual harassment complaint.” (Id.)

To state a claim under the MCRA, the plaintiff must allege “(1) that her ‘exercise or enjoyment of rights secured by the constitution or laws of the United States, or rights secured by the constitution or laws of the commonwealth, has been interfered with, or attempted to be interfered with,’ and (2) that the interference or attempted interference was by ‘threats, intimidation or coercion.’ ” Appleton v. Hudson, 397 Mass. 812, 817 (1986) (quoting G.L.c. 12, §§11H, III).

A “threat” “involves the intentional exertion of pressure to make another fearful or apprehensive of injury or harm.” Planned Parenthood League of Mass., Inc. v. Blake, 417 Mass. 467, 474 (1994) (citations omitted), cert. denied, 513 U.S. 868 (1994). “ ‘Intimidation’ involves putting in fear for the purpose of compelling or deterring conduct.” Id. “Coercion” involves “the appli[160]*160cation to another of such force, either physical or moral, as to constrain him to do against his will something he would not otherwise have done.” Id. (quoting Websters’ New International Dictionary at 519 (2d. ed. 1959) (citation omitted)).

A. Failure to Allege Threats, Intimidation, or Coercion

Olympus argues that the complaint fails to state a claim under the MCRA because it is devoid of allegations that Olympus, or its employees, engaged in threats, intimidation or coercion. The Court agrees. The complaint does not allege any conduct by Olympus, or its employees, that would constitute threats, intimidation, or coercion. Accordingly, the complaint fails to state a claim under the MCRA. See Appleton, 397 Mass. at 817 (concluding that a claim was properly dismissed because the complaint did not allege “any conduct by anybody that [could] be considered a ‘threat, intimidation or coercion’ ” (citation omitted)); Rosenfeld v. Board of Health of Chilmark, 27 Mass.App.Ct. 621, 627 (1989) (“Since the complaint fails to allege any conduct by anyone that could be considered a ‘threat, intimidation or coercion,’ it fails to state a claim under the Massachusetts Civil Rights Act”).

B. Failure to allege Interference With a Secured Right

Additionally, Olympus argues that the complaint also fails to identify a secured right that was interfered with in violation of the MCRA. The complaint simply restates, in a conclusory fashion, that Olympus has interfered with their constitutional or statutory rights. Such conclusory allegations fail to state a claim under the MCRA. See Hobson v. McLean Hosp. Corp. 402 Mass.

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Related

Conley v. Gibson
355 U.S. 41 (Supreme Court, 1957)
Planned Parenthood League of Massachusetts, Inc. v. Blake
631 N.E.2d 985 (Massachusetts Supreme Judicial Court, 1994)
Whitinsville Plaza, Inc. v. Kotseas
390 N.E.2d 243 (Massachusetts Supreme Judicial Court, 1979)
Charbonnier v. Amico
324 N.E.2d 895 (Massachusetts Supreme Judicial Court, 1975)
Appleton v. Town of Hudson
494 N.E.2d 10 (Massachusetts Supreme Judicial Court, 1986)
Fortune v. National Cash Register Co.
364 N.E.2d 1251 (Massachusetts Supreme Judicial Court, 1977)
Rosenfeld v. Board of Health of Chilmark
541 N.E.2d 375 (Massachusetts Appeals Court, 1989)
Webster v. Motorola, Inc.
637 N.E.2d 203 (Massachusetts Supreme Judicial Court, 1994)
Agis v. Howard Johnson Co.
355 N.E.2d 315 (Massachusetts Supreme Judicial Court, 1976)
Smith-Pfeffer v. Superintendent of the Walter E. Fernald State School
533 N.E.2d 1368 (Massachusetts Supreme Judicial Court, 1989)
Hobson v. McLean Hospital Corp.
522 N.E.2d 975 (Massachusetts Supreme Judicial Court, 1988)
Gram v. Liberty Mutual Insurance
429 N.E.2d 21 (Massachusetts Supreme Judicial Court, 1981)
Payton v. Abbott Labs
437 N.E.2d 171 (Massachusetts Supreme Judicial Court, 1982)
Eyal v. Helen Broadcasting Corp.
583 N.E.2d 228 (Massachusetts Supreme Judicial Court, 1991)
Foley v. Polaroid Corp.
413 N.E.2d 711 (Massachusetts Supreme Judicial Court, 1980)
Jackson v. Action for Boston Community Development, Inc.
525 N.E.2d 411 (Massachusetts Supreme Judicial Court, 1988)
Wright v. Shriners Hospital for Crippled Children
589 N.E.2d 1241 (Massachusetts Supreme Judicial Court, 1992)
Nader v. Citron
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Simmons v. Merchants Mutual Insurance Co.
476 N.E.2d 221 (Massachusetts Supreme Judicial Court, 1985)

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10 Mass. L. Rptr. 158, Counsel Stack Legal Research, https://law.counselstack.com/opinion/barthelmes-v-martineau-masssuperct-1999.