John Ferreira v. Child and Family Services of Rhode Island

CourtSupreme Court of Rhode Island
DecidedDecember 17, 2019
Docket18-177
StatusPublished

This text of John Ferreira v. Child and Family Services of Rhode Island (John Ferreira v. Child and Family Services of Rhode Island) is published on Counsel Stack Legal Research, covering Supreme Court of Rhode Island primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
John Ferreira v. Child and Family Services of Rhode Island, (R.I. 2019).

Opinion

December 17, 2019

Supreme Court

No. 2018-177-Appeal. (NC 17-330)

John Ferreira :

v. :

Child and Family Services of Rhode Island. :

NOTICE: This opinion is subject to formal revision before publication in the Rhode Island Reporter. Readers are requested to notify the Opinion Analyst, Supreme Court of Rhode Island, 250 Benefit Street, Providence, Rhode Island 02903, at Telephone 222- 3258 of any typographical or other formal errors in order that corrections may be made before the opinion is published. Supreme Court

Present: Suttell, C.J., Goldberg, Flaherty, and Indeglia, JJ.

OPINION

Chief Justice Suttell, for the Court. The plaintiff, John Ferreira, is challenging the

dismissal of his first amended complaint against the defendant, Child and Family Services of

Newport County (CFS).1 This case came before the Supreme Court pursuant to an order directing

the parties to appear and show cause why the issues raised in this appeal should not be summarily

decided. After considering the parties’ written and oral submissions and reviewing the record, we

conclude that cause has not been shown and that this case may be decided without further briefing

or argument. For the reasons set forth in this opinion, we affirm the judgment of the Superior

Court.

I

Facts and Travel

In August 2017, Ferreira filed a complaint in Newport County Superior Court, claiming

that his former employer, CFS, defamed him and discriminated against him based on his age,

1 The plaintiff named “Child and Family Services of Rhode Island” as the defendant in his initial complaint, but served the complaint upon Child and Family Services of Newport County. He then amended the defendant’s name to “Child and Family Services (C&FS) of Newport Co[unty]” in his first amended complaint. Child and Family Services of Newport County is the proper party defendant in this case, despite the caption indicating otherwise. -1- gender, and “hostile environment[.]” The factual allegations asserted that Ferreira, who had been

employed by CFS for nine years, resigned from his position after a newly hired clinician

undermined him at the workplace by reporting false accusations against him to their supervisors,

who in turn inappropriately disciplined Ferreira. CFS filed a motion to dismiss the complaint,

which a hearing justice of the Superior Court granted, in part for lack of subject matter jurisdiction

pursuant to Rule 12(b)(1) of the Superior Court Rules of Civil Procedure because Ferreira had not

exhausted his administrative remedies by obtaining the required right to sue letter from the Rhode

Island Commission for Human Rights, and in part for failure to state a claim upon which relief

may be granted pursuant to Rule 12(b)(6). The dismissal was without prejudice, however, and

Ferreira was given twenty days from the date of the decision to file an amended complaint.

Ferreira timely filed an amended complaint, adding a few new factual allegations and

claims.2 Accepting the factual allegations in the amended complaint as true—as we must when

we consider an appeal from the grant of a motion to dismiss pursuant to Rule 12(b)(6), Chariho

Regional School District v. State, 207 A.3d 1007, 1012 (R.I. 2019) (Chariho)—Ferreira’s

circumstances were as follows. He was over forty years old and had worked at CFS, a nonprofit

agency, for nine years, having always received “good” evaluations. He was “very experienced

with [CFS’s] clients.” In the summer of 2016, CFS hired a young, inexperienced female clinician,

who “undermined” Ferreira by accusing him “of inappropriate communication and incompetence

to management, co-workers and clients” and by “refusing to back him up when he tried to enforce

policy with the clients.” CFS “treated the clinician better than they treated [Ferreira].” CFS

summoned Ferreira to a disciplinary meeting, confronting him with the “young” clinician’s

2 Ferreira obtained a right to sue letter from the Commission for Human Rights prior to filing his amended complaint. -2- accusations as well as references to prior events for which Ferreira had not previously been made

aware or disciplined. CFS presented Ferreira with a “last written warning[,]” which he refused to

sign. One of Ferreira’s managers frequently told Ferreira, a retired police officer: “You’re not a

cop anymore[,]” which Ferreira took to be a reference to his age. Ferreira “suffered stress,

embarrassment, and financial hardship from these events[,]” “sought relief from his physician[,]”

and was placed on stress leave. Ferreira resigned, but shortly thereafter attempted to rescind his

resignation, which CFS “refused to accept” and “terminated [his] service while he was on stress

leave citing his resignation.” Neither the initial complaint nor the amended complaint specified

any dates, sequence, or chronology for these alleged events.

Ferreira asserted several claims in his amended complaint: Defamation (specifying all of

its varieties: slander, libel, and false light); constructive termination; discrimination based on

disparate treatment, age, and gender pursuant to G.L. 1956 chapter 112 of title 42 and G.L. 1956

§ 28-5-7; and breach of the covenant of good faith and fair dealing. CFS responded with a motion

to dismiss the amended complaint. At the conclusion of the hearing on this motion, the hearing

justice dismissed the defamation claim and the claim of breach of the covenant of good faith and

fair dealing and took the claims for discrimination and constructive termination under advisement.

Over one month later, in a written decision, the hearing justice dismissed the remaining age and

gender discrimination claims, as well as Ferreira’s claim for “constructive termination,” and

dismissed the entire amended complaint, with prejudice. Ferreira challenges the dismissal of each

claim in his amended complaint.3

3 As the parties are aware, the sequence of procedural events after the hearing on CFS’s motion to dismiss was somewhat convoluted and out of the ordinary procedural order. Ferreira’s claims of defamation and breach of good faith and fair dealing were dismissed at the May 7, 2018 hearing. On May 25, Ferreira filed a notice of appeal, listing the May 7 hearing date entered on the form as the “date of Judgment or Order Appealed From.” On May 31, the Superior Court clerk entered an -3- II

Standard of Review

The purpose of a motion to dismiss for failure to state a claim upon which relief may be

granted is “to test the sufficiency of the complaint.” Chariho, 207 A.3d at 1012 (quoting Pontarelli

v. Rhode Island Department of Elementary and Secondary Education, 176 A.3d 472, 476 (R.I.

2018)). When this Court reviews the grant of a motion to dismiss pursuant to Rule 12(b)(6), we

apply the same standard as the hearing justice. Id. “[W]e assume the allegations contained in the

complaint [are] true and view the facts in the light most favorable to the plaintiff[].” Id. (quoting

Rein v. ESS Group, Inc., 184 A.3d 695, 699 (R.I. 2018)). “We will affirm a trial justice’s grant of

a motion to dismiss ‘when it is clear beyond a reasonable doubt that the plaintiff would not be

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