Brown v. Wanlass

2001 UT App 30, 18 P.3d 1137, 414 Utah Adv. Rep. 4, 2001 Utah App. LEXIS 11, 2001 WL 82316
CourtCourt of Appeals of Utah
DecidedFebruary 1, 2001
Docket990932-CA
StatusPublished
Cited by4 cases

This text of 2001 UT App 30 (Brown v. Wanlass) is published on Counsel Stack Legal Research, covering Court of Appeals of Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Brown v. Wanlass, 2001 UT App 30, 18 P.3d 1137, 414 Utah Adv. Rep. 4, 2001 Utah App. LEXIS 11, 2001 WL 82316 (Utah Ct. App. 2001).

Opinion

OPINION

GREENWOOD, Presiding Judge:

T 1 Plaintiff George E. Brown, Jr. (Brown) appeals from a grant of summary judgment in favor of defendants. Brown, a former American Fork city council member, sued several American Fork city employees (the Employees) for defamation per se, alleging they acted with malice in filing a grievance against him with the city and in providing information to the media. The trial court held the Utah Governmental Immunity Act (the Act), Utah Code Ann. §§ 63-80-1 to -38 (1997 & Supp.2000), barred Brown's claim. We affirm.

I. BACKGROUND

12 Brown was elected to the American Fork City Council in 1998. On July 1, 1997, approximately forty-five city employees signed and filed a grievance with the City Administrator against Brown. In. the grievance, as paraphrased in the Employees' brief, the Employees stated that:

1. Brown threatened and intimidated a City employee for voicing his opinion during a City Council meeting;
2. Brown attempted to incite a confrontation with employees at City Hall following a City Council meeting;
*1138 3. Brown assaulted a police officer during the officer's investigation of a disorderly conduct claim against Brown;
4. Brown attempted to coerce a City employee into giving a false statement to an officer; '
5. Brown repeatedly threatened to fire employees for disagreeing with him;
6. Brown repeatedly violated City policies and procedures by degrading, embarrassing and demeaning employees in public; and f
{. Brown repeatedly discriminated against, ridiculed, demeaned and coerced female employees.

The City Administrator forwarded the grievance to the City Council. The City Council then consulted with the City Attorney to determine whether the city's policies and procedures manual applied to the situation. In a memorandum dated July 2, 1997, the City Attorney concluded that the city's policies and procedures manual did not apply to council members.

T3 On July 1, 1998, Brown filed suit against seven of the employees who had signed the grievance and various newspapers and reporters (the newspaper defendants). All defendants moved for summary judgment. The. newspaper defendants prevailed, and Brown has not appealed that decision. The Employees argued on summary judgment that the Petition Clause of the First Amendment and the Utah Governmental Immunity Act bar Brown's claim. The trial court granted summary judgment to the Employees, concluding that the Utah Governmental Immunity Act barred Brown's claim.

II. ISSUES AND STANDARDS OF REVIEW

T4 "Summary judgment 'is appropriate only when no genuine issues of material fact exist and the moving party is entitled. to judgment as a matter of law'" Lyon v. Burton, 2000 UT 19,¶ 11, 5 P.3d 616 (citation omitted); see also Utah R. Civ. P. 56(c). If no issues of material fact exist, we determine whether the trial court properly granted summary judgment as a matter of law under the applicable law. Whether the trial court properly granted summary judgment under the Utah Governmental Immunity Act presents a question of law, which we review for correctness, granting no deference to the trial court's determination. See Bellonio v. Salt Lake City Corp., 911 P.2d 1294, 1296 (Utah Ct.App.1996) (reviewing district court's decision on Utah Governmental Immunity Act for correctness). 1

III. ANALYSIS

A. Issues of Material Fact

T5 The trial court determined the following facts were undisputed: (1) at all relevant times, the Employees were employees of American Fork City; (2) in July 1997, the Employees, along with 37 others, signed a grievance concerning Brown; (3) each statement in the grievance concerned matters relating exclusively to the Employees' employment; and (4) each statement in the grievance concerned the Employees in their capacities as American Fork City employees. Brown does not provide any substantial argument that these facts are not undisputed.

T6 Nevertheless, Brown contends the trial court should not have granted summary judgment because "the record is full of disputed [material] facts." Brown's brief, however, fails to identify those disputed facts. Rule 24(a)(9) of the Utah Rules of Appellate Procedure requires that the argument seetion of the brief "contain the contentions and reasons of the appellant with respect to the issues presented ... with citations to the ... parts of the record relied on." Utah R.App. P. 24(a)(9). Brown's "brief totally fails to provide any reasons io support the contention that" disputes of material fact exist. State v. Wareham, 772 P.2d 960, 966 (Utah 1989).

T7 Notwithstanding the inadequacy of his briefing, at oral argument Brown claimed that the Employees provided false information to the media. All the Employees *1139 denied this allegation in affidavits contained in the record. The burden then shifted to Brown "to provide some evidence, by affidavit or otherwise," to support the allegations of his complaint. Thayne v. Beneficial Utah, Inc., 874 P.2d 120, 124 (Utah 1994). Brown, however, failed to rebut the Employees' denials with anything other than his own unsupported speculation. Conclusory affidavits that contain only unsubstantiated belief rather than personal knowledge are insufficient to defeat summary judgment. See In re Rights to Use All Water, 1999 UT 839,127, 982 P.2d 65. Moreover, rule 56(e) of the Utah Rules of Civil Procedure states:

When a motion for summary judgment is made and supported as provided in this rule, an adverse party may not rest upon the mere allegations or denials of his pleading, but his response, by affidavits or as otherwise provided in this rule, must set forth specific facts showing that there is a genuine issue for trial. If he does not so respond, summary judgment, if appropriate, shall be entered against him.

Utah R. Civ. P. 56(e) (emphasis added). Brown has failed to comply with both rule 24(a)(9) of the Utah Rules of Appellate Procedure and rule 56(e) of the Utah Rules of Civil Procedure; therefore, we must conclude that no material issues of fact exist to preclude entry of summary judgment in favor of the Employees. Cf. Massey v. Utah Power & Light, 609 P.2d 937, 938 (Utah 1980) ("bare contentions, unsupported by any specification of facts in support thereof, raise no material questions of fact as will preclude the entry of summary judgment" (footnote omitted)).

B. Utah Governmental Immunity Act

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Bluebook (online)
2001 UT App 30, 18 P.3d 1137, 414 Utah Adv. Rep. 4, 2001 Utah App. LEXIS 11, 2001 WL 82316, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brown-v-wanlass-utahctapp-2001.