Nichols v. State

858 N.W.2d 773, 39 I.E.R. Cas. (BNA) 1390, 2015 Minn. LEXIS 41, 2015 WL 446744
CourtSupreme Court of Minnesota
DecidedFebruary 4, 2015
DocketNo. A13-0529
StatusPublished
Cited by7 cases

This text of 858 N.W.2d 773 (Nichols v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Nichols v. State, 858 N.W.2d 773, 39 I.E.R. Cas. (BNA) 1390, 2015 Minn. LEXIS 41, 2015 WL 446744 (Mich. 2015).

Opinion

OPINION

ANDERSON, Justice.

The issue presented by this case is whether the State of Minnesota may be sued in tort under Minn.Stat. §§ 181.64 and 181.65 (2014). Because we conclude that the Legislature did not plainly, clearly, and unmistakably waive sovereign immunity for claims brought under sections 181.64 and 181.65, see Minn.Stat. § 645.27 (2014), we hold that Nichols may not sue the State under those provisions.

In October 2011 Joan Nichols, then living in Ohio, responded to an online posting for the position of communications director at the Minnesota Office of the Secretary of State (OSS). Nichols was invited to interview for the position. At the interview in November 2011, Nichols met with then-Secretary of State Mark Ritchie and then-Director of Governmental Affairs Beth Fraser. Nichols claims that the online job posting and statements made by Secretary Ritchie and Fraser during the interview included knowingly false representations about the duties of the position. Nichols alleges that these false representations were intended to induce her to resign her position in Ohio and accept the position at OSS. Nichols accepted the position at OSS but states she would not have done so had she known the representations were false.

Nichols began working at OSS on January 4, 2012, and her employment ended on February 19, 2012, when her contract was not renewed at the end of her probationary period. On September 19, 2012, Nichols sued respondents State of Minnesota, OSS, Secretary Ritchie, and Fraser, in Ramsey County District Court. In addition to common-law tort claims, Nichols alleged statutory claims for “false statements as inducement to entering employment” under MinmStat. §§ 181.64 and 181.65.1

Respondents moved to dismiss all claims. See Minn. R. Civ. P. 12.02(e). They argued that claims against the State2 under MinmStat. §§ 181.64 and 181.65 are barred by sovereign immunity because these sections neither name the State nor plainly, clearly, and unmistakably apply to the State, as required by MinmStat. § 645.27. The district court denied the motion to dismiss the common-law and statutory claims in part,3 conclud[775]*775ing as to the statutory claims that the broad language of sections 181.64 and 181.65 encompasses all private and governmental entities and therefore demonstrates the Legislature’s intent to waive sovereign immunity. Respondents filed an interlocutory appeal with respect to Nichols’s statutory claims, and the court of appeals reversed. Nichols v. State, 842 N.W.2d 20, 22 (Minn.App.2014). The court of appeals concluded that the broad language of Minn.Stat. §§ 181.64 and 181.65 is insufficient by itself to subject the State to suit. Nichols, 842 N.W.2d at 27 (citing Minn.Stat. § 645.27).

We granted review on the issue of whether the State is immune from claims brought under Minn.Stat. §§ 181.64 and 181.65.

I.

When reviewing a motion to dismiss for failure to state a claim, we presume all of the facts contained in the complaint are true. Martens v. Minn. Mining & Mfg. Co., 616 N.W.2d 732, 746 (Minn.2000). Because the facts are undisputed for purposes of this appeal, and the question is one of statutory interpretation, our review is de novo. Oslund v. Johnson, 578 N.W.2d 353, 356 (Minn.1998). The application of sovereign immunity is also a question of law, which we review de novo. Sletten v. Ramsey Cnty., 675 N.W.2d 291, 299 (Minn.2004).

“Our primary objective in interpreting statutory language is to give effect to the legislature’s intent as expressed in the language of the statute.” Pususta v. State Farm Ins. Cos., 632 N.W.2d 549, 552 (Minn.2001) (citing Minn.Stat. § 645.16 (2014)).

The doctrine of sovereign immunity, which precludes litigation against the state unless the state has consented to suit, developed from the principle that “the King can do no wrong.”4 Nieting v. Blondell, 306 Minn. 122, 125, 235 N.W.2d 597, 599 (1975); see, e.g., Alden v. Maine, 527 U.S. 706, 715, 119 S.Ct. 2240, 144 L.Ed.2d 636 (1999); Janklow v. Minn. Bd. of Examiners for Nursing Home Adm’rs, 552 N.W.2d 711, 715 (Minn.1996). Sovereign immunity in Minnesota originated in common law. Nieting, 306 Minn. at 125, 235 N.W.2d at 600; see St. Paul & Chi. Ry. Co. v. Brown, 24 Minn. 517, 574 (1877) (“The exemption of the state from actions by its citizens is not based on any constitutional provision, but merely on grounds of public policy.... There can be no doubt that the legislature may waive such exemption .... ”). The doctrine serves to protect the fiscal stability of government. See Lienhard v. State, 431 N.W.2d 861, 867 (Minn.1988). Although we have abolished sovereign immunity with regard to common-law tort claims, see Nieting, 306 Minn. at 132, 235 N.W.2d at 603, the doctrine remains effective in many forms, including immunity from liability created by statute, which is, of course, subject to waiver by the Legislature.

In 1941 the Legislature enacted Minn.Stat. § 645.27, which describes under what circumstances the Legislature intends to waive sovereign immunity for statutory claims: “The state is not bound by the passage of a law [1] unless named therein, or [2] unless the words of the act are so plain, clear, and unmistakable as to leave no doubt as to the intention of the [776]*776legislature.” Minn.Stat. § 645.27.5 In other words, sovereign immunity is waived only if the statute demonstrates the Legislature’s express intent to allow suit against the State. See Holmberg v. Holmberg, 588 N.W.2d 720, 727 (Minn.1999); State v. Bentley, 224 Minn. 244, 247, 28 N.W.2d 770, 771 (1947); see also F.A.A. v. Cooper, - U.S. -, 132 S.Ct. 1441, 1448, 182 L.Ed.2d 497 (2012) (“[A] waiver of sovereign immunity must be ‘unequivocally expressed’ in statutory text.”). Respondents, incorrectly, refer to section 645.27 as a codification of sovereign immunity from statutory claims; we have referred to section 645.27 as a “rule of construction.” See Lienhard, 431 N.W.2d at 864. Chapter 645 is titled “Interpretation of Statutes and Rules,” and section 645.27 is located in the subsection “Construction of Laws.” And although we stated in Lund v. Commissioner of Public Safety, 788 N.W.2d 142, 143 (Minn.2010), that Minn.Stat. § 645.27 “codified ... common-law immunity,” we did not suggest that section 645.27 is a source of immunity. Rather, section 645.27 provides a framework for interpreting whether a separate statutory provision waives sovereign immunity.

II.

Nichols concedes that Minn.Stat.

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858 N.W.2d 773, 39 I.E.R. Cas. (BNA) 1390, 2015 Minn. LEXIS 41, 2015 WL 446744, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nichols-v-state-minn-2015.