Lord v. Murphy

561 A.2d 1013, 1989 Me. LEXIS 198
CourtSupreme Judicial Court of Maine
DecidedJuly 12, 1989
StatusPublished
Cited by15 cases

This text of 561 A.2d 1013 (Lord v. Murphy) is published on Counsel Stack Legal Research, covering Supreme Judicial Court of Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lord v. Murphy, 561 A.2d 1013, 1989 Me. LEXIS 198 (Me. 1989).

Opinions

GLASSMAN, Justice.

The defendants, Marcia Murphy, Peter Phillips and Helen Hatt, in their individual capacities as social workers employed by the Department of Human Services (DHS), appeal from the order of the Superior Court (Washington County, Smith, J.) denying their motion for a summary judgment based on their claim of immunity to the complaint of plaintiffs, David L. Lord and his three minor children, pursuant to 42 U.S.C. § 1983 (1982). We agree with the defendants that the trial court erred in relying on the doctrine of the law of the case to deny the defendants’ motion and vacate the order.

This action arose out of the alleged participation of the defendants in child protective proceedings and the placement of the minor plaintiffs in foster care after their removal from their mother’s home because of threatened serious harm to them.1 By count 13 of their complaint the plaintiffs allege, inter alia, that the defendants, in their individual capacities as caseworkers for the DHS, violated various statutory and constitutional rights of the plaintiffs by initiating child protective proceedings while having knowledge that David Lord had legal custody of the minor plaintiffs by reason of a Kentucky decree; failing to notify David Lord of the various proceedings; and failing to protect the minor plaintiffs from harm and abuse in the foster home where the children were placed for one and one-half years and in their mother’s home where the minor plaintiffs were replaced after alleged abuse in the foster home and where they remained exposed to jeopardy and abuse. The defendants by their answer asserted, inter alia, the defense of absolute immunity or, in the alternative, qualified immunity.

In a summary judgment motion made by the plaintiffs in 1986, the defendants argued that they were entitled to immunity under section 1983 and that the court should enter partial summary judgment in their favor on Count 13 pursuant to M.R. Civ.P. 56(c). The Superior Court (Washington County, Pierson, J.),2 denied the plaintiffs’ motion and found that the officials of DHS were aware of and acted in contravention of statutory directives by failing to give proper notice to David Lord and by failing to recognize the Kentucky custody decree and thus were not immune from suit under section 1983.

[1015]*1015The defendants in 1988 moved for summary judgment, arguing, inter alia, that they were entitled to section 1983 immunity. The Superior Court (Washington County, Smith, J.)3 denied the defendants’ motions on the ground that the earlier ruling addressing immunity was the law of the case. Accordingly, the court did not address the defendants’ entitlement to absolute or qualified immunity, and the defendants appeal.

I

We first must dispose of the plaintiffs’ motion to dismiss the appeal. The plaintiffs argue that the appeal must be dismissed because no final judgment has been entered pursuant to M.R.Civ.P. 54(b) and there remains outstanding several cross-claims. The defendants counter that recent United States Supreme Court cases establish the defendants’ right to an interlocutory appeal of the trial court’s denial of their summary judgment motion based on their absolute or qualified immunity to the plaintiffs’ section 1983 claim. We agree with the defendants and deny the plaintiffs’ motion.

M.R.Civ.P. 54(b) states:

(b) Judgment Upon Multiple Claims or Involving Multiple Parties. Except as otherwise provided in Rule 80(d), when more than one claim for relief is presented in an action, whether as a claim, counterclaim, cross-claim, or third-party claim, or when multiple parties are involved, the court may direct the entry of a final judgment as to one or more but fewer than all of the claims or parties only upon an express determination that there is no just reason for delay and upon an express direction for the entry of judgment. In the absence of such determination and direction any order or other form of decision, however designated, except those enumerated in the last sentence of Rule 80(d), which adjudicates less than all the claims or the rights and liabilities of less than all the parties shall not terminate the action as to any of the claims or parties, and the order or other form of decision is subject to revision at any time before the entry of judgment adjudicating all the claims and the rights and liabilities of all the parties.

The trial court did not make a determination that “there is no just reason for delay” or an “express direction for the entry of judgment” and thus the summary judgment of one of the claims in a case involving multi-claims cannot be considered a final judgment under M.R.Civ.P. 54(b).

This case, however, falls within the “collateral order” exception to the final judgment rule. Under this equitable doctrine, established by the United States Supreme Court, a decision is appealable even though portions of the case remain undecided “if it falls within ‘that small class which finally determine claims of right separable from, and collateral to, rights asserted in the action, too important to be denied review and too independent of the cause itself to require that appellate consideration be deferred until the whole case is adjudicated.’ ” Mitchell v. Forsyth, 472 U.S. 511, 524-25, 105 S.Ct. 2806, 2814-15, 86 L.Ed.2d 411 (1985) (quoting Cohen v. Beneficial Indust. Loan Corp., 337 U.S. 541, 546, 69 S.Ct. 1221, 1226, 93 L.Ed. 1528 (1949)).

The “collateral order” doctrine as applicable to an appeal from a denial of defendants’ motion for summary judgment on the ground of absolute immunity was recognized by the United States Supreme Court in Nixon v. Fitzgerald, 457 U.S. 731, 742-43, 102 S.Ct. 2690, 2697-98, 73 L.Ed.2d 349 (1982). In Mitchell, the Supreme Court held that qualified immunity, similar to absolute immunity, is an entitlement of “an immunity from suit rather than a mere defense to liability; and like an absolute immunity, it is effectively lost if a case is erroneously permitted to go to trial.” Mitchell, 472 U.S. at 526, 105 S.Ct. at 2815 (emphasis in the original). The Court held that denial of qualified immunity falls within the collateral order doctrine and there [1016]*1016fore is an appealable interlocutory decision. Id. at 526-29, 105 S.Ct. at 2815-17. Although the Court was addressing qualified immunity in the context of a federal official, the Court has made no distinction between its treatment of federal and state officials. See Harlow v. Fitzgerald, 457 U.S. 800, 818 n. 30, 102 S.Ct. 2727, 2738 n. 30, 73 L.Ed.2d 396 (1982); Butz v. Economou, 438 U.S. 478, 504, 98 S.Ct. 2894, 2909, 57 L.Ed.2d 895 (1978). M.R.Civ.P. 54(b) is thus inapplicable here because the defendants are appealing a final decision, under the collateral order doctrine, of the court’s denial of their absolute or qualified immunity defense. See 10 C. Wright, A. Miller & M. Kane,

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Lord v. Murphy
561 A.2d 1013 (Supreme Judicial Court of Maine, 1989)

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Bluebook (online)
561 A.2d 1013, 1989 Me. LEXIS 198, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lord-v-murphy-me-1989.