Rahrer v. Board of Psychologists

2000 MT 9, 993 P.2d 680, 298 Mont. 28, 57 State Rptr. 53, 2000 Mont. LEXIS 9
CourtMontana Supreme Court
DecidedJanuary 13, 2000
Docket99-091
StatusPublished
Cited by9 cases

This text of 2000 MT 9 (Rahrer v. Board of Psychologists) is published on Counsel Stack Legal Research, covering Montana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Rahrer v. Board of Psychologists, 2000 MT 9, 993 P.2d 680, 298 Mont. 28, 57 State Rptr. 53, 2000 Mont. LEXIS 9 (Mo. 2000).

Opinions

JUSTICE REGNIER

delivered the opinion of the Court.

¶1 Dr. Sandra Rahrer filed an action against the Board of Psychologists, the Department of Commerce, and the State of Montana (hereinafter referred to collectively as “Board”) in the Fourth Judicial District, Missoula County, for damages arising out of a contested case hearing. The District Court issued an order changing venue to the First Judicial District, Lewis and Clark County. The Board moved for and was granted summary judgment. Rahrer appeals. We affirm.

¶2 Rahrer raises the following issues on appeal:

¶3 1. Whether the District Court erred in concluding that the Board of Psychologists, Department of Commerce, and the State were immune from suit for causes of action arising out of a contested case hearing?

¶4 2. Whether the District Court erred in concluding that the Board was not liable as a complaining party under § 37-1-308(2), MCA?

¶5 3. Whether the District Court erred in concluding that Rahrer’s claim for attorney fees was premature?

FACTUAL BACKGROUND

¶6 Rahrer is a psychologist licensed by the Department of Commerce, Board of Psychologists. From May 1993 to March 1994 Rahrer treated a three-year-old child whose parents were involved in a divorce. An attorney representing the child’s mother asked Rahrer to prepare a report concerning her treatment of the child to be used by the child’s mother in a visitation settlement proceeding.

¶7 On June 6,1994, the Board of Psychologists received a complaint concerning that report. The Board of Psychologists issued a Notice of Proposed Board Action and Opportunity for Administrative Hearing on May 19,1995. Rahrer requested a hearing. A contested case hearing was held on June 3-5,1996, after which the hearing examiner concluded that the Board of Psychologists had failed to prove that Rahrer had violated any of the Board’s rules of conduct.

¶8 Rahrer requested an award of attorney fees incurred as a result of the contested case hearing. The hearing examiner observed that the Board failed to exercise “appropriate caution” in evaluating the complaint and the Board’s investigation of the complaint was “grossly inadequate.” However, he recommended that the Board deny [30]*30Rahrer’s request for attorney fees because the failure to dismiss her case before the contested case hearing was not unreasonable.

¶9 On November 18,1996, Rahrer filed a petition for judicial review in the Fourth Judicial District Court, Missoula Comity, in which she again sought attorney fees she had incurred as a result of the contested case hearing. On May 16,1997, Rahrer filed a separate action in the Fourth Judicial District Court, Missoula County, seeking damages and attorney fees. By stipulation, Rahrer’s petition for judicial review was stayed pending the outcome of her second action. Pursuant to another stipulation of the parties, the District Court changed the venue for Rahrer’s second action to the First Judicial District Court, Lewis and Clark County. The Board moved for summary judgment on May 1,1998. In an order dated November 16,1998, the District Court of Lewis and Clark County granted summary judgment in favor of the Board. Rahrer appeals from this order.

ISSUE 1

¶ 10 Whether the District Court erred in concluding that the Board of Psychologists, Department of Commerce, and the State were immune from suit for causes of action arising out of a contested case hearing?

¶11 Article II, Section 18 of the Montana Constitution provides:

State Subject to Suit. The state, counties, cities, towns, and all other local government entities shall have no immunity from suit for injury to a person or properly, except as may be specifically provided by law by a 2/3 vote of each house of the legislature.

In its comments accompanying the proposed text of Section 18, the Bill of Rights Committee of the 1972 Constitutional Convention stated that its purpose was to abolish “the archaic doctrine of sovereign immunity.” Montana Constitutional Convention, Vol. II at 637. By “sovereign immunity,” the Committee meant the legal doctrine which “bars tort suits against the state for negligent acts by its officials and employees.” Montana Constitutional Convention, Vol. II at 637. The Committee further stated that “all parties should receive fair and just redress whether the injuring party is a private citizen or a government agency.” Montana Constitutional Convention, Vol. II at 637.

¶ 12 We have held that Article II, Section 18 abolished the doctrine of sovereign immunity. See Noll v. City of Bozeman (1975), 166 Mont. 504, 534 P.2d 880. However, we have also held that other immunities, separate and distinct from sovereign immunity, were not affected by the adoption of Article II, Section 18. See State ex rel. Dept. of Justice v. [31]*31District Court (1976), 172 Mont. 88, 560 P.2d 1328. The plaintiffs in Department of Justice filed separate complaints against the Attorney General, the Department of Justice, and the State of Montana, among others, alleging that the defendants had acted maliciously and negligently in filing criminal charges against them. The defendants sought a writ of supervisory control, which we granted, directing the District Court to dismiss the complaints. In granting the writ, we held that Article II, Section 18 did not abolish the common law doctrine of prosecutorial immunity. Department of Justice, 172 Mont. at 92, 560 P.2d at 1330.

¶13 In concluding that all of the defendants were immune, we extended the doctrine of prosecutorial immunity to cover not only the personal liability of prosecutors, but also the vicarious liability of the State and the Department of Justice. Department of Justice, 172 Mont. at 93, 560 P.2d at 1330. We justified this extension on public policy grounds: the objectives sought by granting immunity to individual officers-free, independent, and untrammeled action-would be seriously impaired or destroyed if we did not extend immunity to the state and its agencies. Department of Justice, 172 Mont. at 92-93, 560 P.2d at 1330 (citing Creelman v. Svenning (Wash. 1966), 410 P.2d 606, 608).

¶14 In Koppen v. Board of Medical Examiners (1988), 233 Mont. 214, 759 P.2d 173, we recognized the common-law doctrine of “quasi-judicial” immunity as a “logical descendent of prosecutorial immunity” and extended absolute immunity to the State and its executive agencies not involved in the criminal justice process. Koppen, 233 Mont. at 219, 759 P.2d at 176. The plaintiffs in Koppen filed suit against the Board of Medical Examiners and the State alleging that the Board was negligent in failing to limit or revoke the license of their physician, Dr. Kaufman. The plaintiffs claimed that the Board had received complaints about Dr. Kaufman’s fitness to practice medicine, but had failed to respond to those complaints. We affirmed the dismissal of their suit, holding that the Board and the State were immune from suit under the doctrine of quasi-judicial immunity.

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Bluebook (online)
2000 MT 9, 993 P.2d 680, 298 Mont. 28, 57 State Rptr. 53, 2000 Mont. LEXIS 9, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rahrer-v-board-of-psychologists-mont-2000.