Brooks v. Logan

903 P.2d 73, 127 Idaho 484, 1995 Ida. LEXIS 126
CourtIdaho Supreme Court
DecidedAugust 30, 1995
Docket21013
StatusPublished
Cited by52 cases

This text of 903 P.2d 73 (Brooks v. Logan) is published on Counsel Stack Legal Research, covering Idaho Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Brooks v. Logan, 903 P.2d 73, 127 Idaho 484, 1995 Ida. LEXIS 126 (Idaho 1995).

Opinions

TROUT, Justice.

This is a wrongful death action and an action for negligent infliction of emotional distress arising from the suicide of fourteen-year-old Jeffrey Brooks.

I.

BACKGROUND AND PRIOR PROCEEDINGS

In this case, Jeffrey Brooks (Jeff), who was a student at Meridian High School, was asked by his English teacher, respondent Laura Logan (Logan), to make entries into a daily journal as part of an English composition assignment. He did this beginning in September of 1990, and continued on to the end of December, 1990. The following January he committed suicide at his home.

After Jeff’s suicide, Logan read through his entries in the journal and then turned it over to a counselor who subsequently delivered it to Jeff’s parents, James and Diane Brooks (the Brooks). The Brooks then called Logan, and according to them she indicated that she had “re-read” the journal provisions and decided that the Brooks should have it. When the composition project began, Logan advised the students that she would be reading their journals; however, after a few months Jeff expressed concerns that he could not fully express himself knowing that Logan would read his entries. Thereafter Jeffs journal contains a passage written by Logan in which she indicated that she would not read the journal for content, but would instead check the entries for dates and length. In her affidavit, Logan claims she never read Jeff’s journal after advising him that she would not. She, therefore, disputes the Brooks’ assertion that she “reread” Jeff’s journal after his death. To the contrary, she maintains that she read the journal entries for the first time only after Jeff’s death. Jeffs journal contains some passages in which he alludes to death or depression, but there is no definite statement that he was contemplating suicide.

The Brooks brought suit against Logan and the Meridian School District (the District) and have alleged that the District has a duty regarding the investigation and training [487]*487of qualified teachers, and a duty to take affirmative action to detect and assist students who suffer from depression or suicidal ideation. In addition the Brooks allege that the District and Logan jointly have a duty to seek help for a student who displays suicidal tendencies at school.

Logan and the District filed a motion for summary judgment seeking to dismiss the Brooks’ claims on the grounds that there are no facts in dispute; no duty was owed by Logan and the District to Jeff; Jeffs act of committing suicide was not foreseeable; and the District is immune from liability under I.C. § 6-904. The trial court granted Logan and the District’s motion, finding that they did not owe a duty of care to Jeff, and that they were immune from liability for failing to implement a suicide prevention program. Because there was at least a factual question about whether Logan had indeed read the entire journal, the judge concluded that for the purposes of the summary judgment motion he would deem that she had read the journal. In spite of that, the court still concluded that Logan had no responsibility to take action. The case is now before us on appeal from the grant of summary judgment.

II.

IMMUNITY UNDER THE IDAHO TORT CLAIMS ACT

This issue requires an analysis of the Brooks’ complaint under two separate sections.

A. Suicide Prevention Program

First, we address the allegations that the District had a duty to:

1) investigate and hire well-trained and qualified teachers;
2) adequately train all faculty members in the means and detection, recognition, and prevention of potentially suicidal behavior exhibited by any student;
3) take affirmative steps to detect and assist its students suffering from disabilities such as severe depression or suicidal ideation.

The District argues that based upon the Idaho Tort Claims Act (ITCA), it is immune from liability stemming from any alleged failure to perform the above duties.

Review of any order granting summary judgment requires us to make two determinations: (1) whether there remains a genuine issue as to any material fact; and (2) whether the non-moving party is entitled to judgment as a matter of law. Sharp v. W.H. Moore, Inc., 118 Idaho 297, 299, 796 P.2d 506, 508 (1990) (citing Mitchell v. Siqueiros, 99 Idaho 396, 582 P.2d 1074 (1978)). In making those determinations, the Court will construe the facts and any reasonable inferences drawn therefrom in the light most favorable to the non-moving party. Id. (citing Anderson v. City of Pocatello, 112 Idaho 176, 731 P.2d 171 (1986); Hirst v. Saint Paul Fire & Marine Ins. Co., 106 Idaho 792, 683 P.2d 440 (Ct.App.1984)).

In Czaplicki v. Gooding Joint Sch. Dist. No. 231, 116 Idaho 326, 775 P.2d 640 (1989), we stated that:

In ruling on a motion for summary judgment based upon an immunity defense under the Idaho Tort Claims Act (ITCA), a trial judge should first determine whether the plaintiffs’ allegations and supporting record generally state a cause of action for which “a private person or entity would be liable for money damages under the laws of the state of Idaho.” Walker v. Shoshone County, 112 Idaho 991, 995, 739 P.2d 290, 294 (1987). The court must then determine whether an exception to liability under the ITCA shields the alleged misconduct from liability. In consideration of the initial inquiry as to whether a private individual or entity could be held liable under the facts alleged in the complaint, we essentially ask “is there such a tort under the laws of Idaho?” [Id.]

Czaplicki at 330, 775 P.2d at 644. We find that the Brooks’ allegations and supporting record generally state a cause of action for which a private person or entity would be liable for money damages under the laws of the state of Idaho: that is, the tort of negligence.

The next stage in the analytical process applicable to such a motion requires us to [488]*488evaluate the availability of an exception to liability under the ITCA. The ITCA subjects the state and its political subdivisions to hability for its negligent acts or omissions. Ransom v. City of Garden City, 113 Idaho 202, 204, 743 P.2d 70, 72 (1987) (citing I.C. § 6-903). The discretionary function exception upon which the District relies states:

Exceptions to governmental liability.—A governmental entity and its employees while acting within the course and scope of their employment and without malice or criminal intent shall not be liable for any claim which:
1.

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Cite This Page — Counsel Stack

Bluebook (online)
903 P.2d 73, 127 Idaho 484, 1995 Ida. LEXIS 126, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brooks-v-logan-idaho-1995.