Hoffler v. Colorado Department of Corrections

27 P.3d 371, 2001 WL 736578
CourtSupreme Court of Colorado
DecidedJuly 2, 2001
Docket00SC116
StatusPublished
Cited by10 cases

This text of 27 P.3d 371 (Hoffler v. Colorado Department of Corrections) is published on Counsel Stack Legal Research, covering Supreme Court of Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hoffler v. Colorado Department of Corrections, 27 P.3d 371, 2001 WL 736578 (Colo. 2001).

Opinion

Chief Justice MULLARKEY

delivered the Opinion of the Court.

We granted certiorari to review the court of appeals' opinion in Hoffler v. Colorado Department of Corrections, 7 P.3d 989 (Colo.App.1999). Patricia Hoffler, an employee at the Colorado Department of Corrections, provided statements to the department in the course of an investigation of a co-employee's sexually harassing conduct. Hoffler initially alleged that the co-employee sexually harassed her. She later recanted these allegations, and testified at an administrative hearing that she had not been sexually harassed. Based on Hoffler's conflicting statements given during the investigation the department terminated her employment. Hoffler challenged her termination, arguing that her statements regarding the alleged sexual harassment were protected by common-law privilege and thus could not be used in disciplinary proceedings brought against her. An administrative law judge disagreed, and this decision was subsequently affirmed by the State Personnel Board and the court of appeals.

We hold that the doctrine of common-law privilege that grants absolute immunity to witnesses in quasi-judicial proceedings does not bar disciplinary proceedings *373 brought against a state employee who makes false statements in the course of an official investigation. - Accordingly, we affirm the judgment of the court of appeals.

I.

Patricia Hoffler ('Hoffler") was employed as a correctional officer at the Colorado Department of Corrections ("DOC"). In September 1994, the DOC began a formal investigation of Hoffler's supervisor, Frank Rice ("Rice"), based on alleged incidents of sexual harassment. The DOC interviewed Hoffler as part of the investigation. Hoffler told investigators that she had been sexually harassed by Rice, and signed two separate statements prepared by DOC investigators on the basis of this information.

After signing the two statements, Hoffler recanted her allegations of sexual harassment. She was again interviewed by a DOC investigator and, for the remainder of DOC proceedings, maintained that she had never been sexually harassed by Rice. At Rice's disciplinary hearing, she again stated that Rice had not sexually harassed her.

The DOC subsequently initiated pre-disci-plinary proceedings against Hoffler, and conducted two Rule 8-3-3 1 meetings to determine whether any adverse action should be taken in response to Hoffler's statements made during the Rice investigation. Hoffler did not offer any additional testimony at these meetings. The DOC terminated Hof-fler's employment based on Hoffler's misrepresentations and unwillingness to cooperate during the Rice investigation.

Hoffler appealed her termination and an administrative law judge upheld the DOC's decision. This ruling was affirmed, in turn, by the State Personnel Board. Hoffler filed a timely appeal in the court of appeals, arguing that the statements she provided in the course of the DOC investigation were privileged and therefore could not be used as a basis for her disciplinary termination. The court of appeals disagreed, finding that Hof-fler's conduct violated DOC regulations and the policies underlying the common-law doctrine of immunity, and therefore, upheld her termination.

We granted certiorari to consider whether the common-law privilege applicable to statements offered in quasi-judicial proceedings can be applied to statements made by a state employee during an investigation of misconduct involving a co-employee. 2 We now hold that common-law privilege does not prevent a state employee's statements made in the course of a quasi-judicial proceeding from being used in subsequent personnel disciplinary proceedings brought against that employee.

IL.

Under common-law principles, an individual who is an integral part of the judicial process is provided absolute immunity from subsequent civil damages liability. In re Stepanek, 940 P.2d 364, 368 (Colo.1997). The rationale behind this common-law immunity is "to preserve the independent decision-making and truthfulness of critical judicial participants without subjecting them to the fear and apprehension that may result from a threat of personal liability." Id. (noting that absolute immunity allows key participants in the judicial process to perform their respective functions without harassment or intimidation). The doctrine of absolute immunity is further justified given certain procedural safeguards inherent to the judicial process:

The insulation of the judge from political influence, the importance of precedent in resolving controversies, the adversary nature of the process, and the correctability of error on appeal are just a few of the many checks on malicious action by judges. Advocates are restrained not only by their professional obligations, but by the knowl *374 edge that their assertions will be contested by their adversaries in open court. Jurors are carefully screened to remove all possibility of bias. Witnesses are, of course, subject to the rigors of cross-examination and the penalty of perjury.

Butz v. Economou, 438 U.S. 478, 512, 98 S.Ct. 2894, 57 L.Ed.2d 895 (1978). The judicial process is therefore structured "to enhance the reliability of information and the impartiality of the decisionmaking process," and justifies granting immunity to those participants acting within the seope of their official duties. Id.

In Colorado, absolute immunity has been extended to judges, prosecutors, witnesses, and other persons who perform official functions in the judicial process. See State v. Mason, 724 P.2d 1289, 1290-91 (Colo.1986)(state judges immune for their judicial acts); Stepanek, 940 P.2d at 368 (recognizing prosecutorial immunity and finding that county attorneys are also entitled to immunity when performing prosecutorial functions); Wagner v. Bd. of County Comm'rs, 933 P.2d 1311, 1314 (Colo.1997)(witness entitled to immunity for grand jury testimony). We have also recognized that administrative officials, acting in a quasi-judicial role, are entitled to absolute immunity. Stepanek, 940 P.2d at 368; see also State Bd. of Chiropractic Exam'rs v. Stjernholm, 985 P.2d 959, 968-69 (Colo,1997)(Chiropractic Board members immune when performing quasi-adjudicative functions such as licensing and conducting hearings regarding professional discipline); Mason, 724 P.2d at 1291 (members of Parole Board, a state administrative agency, are entitled to immunity for quasi-judicial acts such as granting, denying, or revoking parole). Thus, absolute immunity shields officials who engage in judicial or quasi-judicial functions from damages liability. Stjernholm, 935 P.2d at 968.

A.

Hoffler contends that the proceedings in which she provided statements were quasi-judicial, and that as a result, her statements are absolutely privileged.

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Bluebook (online)
27 P.3d 371, 2001 WL 736578, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hoffler-v-colorado-department-of-corrections-colo-2001.