White v. State

131 Wash. 2d 1
CourtWashington Supreme Court
DecidedJanuary 9, 1997
DocketNo. 63500-5
StatusPublished
Cited by120 cases

This text of 131 Wash. 2d 1 (White v. State) is published on Counsel Stack Legal Research, covering Washington Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
White v. State, 131 Wash. 2d 1 (Wash. 1997).

Opinions

Guy, J.

FACTS

Judy White worked as a secretary/clerk typist at the [5]*5Washington State Soldiers’ Home and Colony (Soldiers’ Home or Home) in Orting from 1975 to 1992. The Soldiers’ Home is a state-operated residence that provides nursing care services to indigent military veterans. Residents of the Soldiers’ Home are voluntarily admitted and are free to leave whenever they choose.

The events that form the basis of White’s lawsuit occurred in 1988, when White was working as a secretary for Evelyn Blanchard, the director of nursing services at the Soldiers’ Home. From the time that Nurse Blanchard became the director of nursing services in 1984, the relationship between Blanchard and White had been strained. The relationship continually deteriorated. The record reflects mutual criticisms and distrust between the two from 1984 to late 1988.1

It was in this atmosphere of mistrust and quiet hostility that the events leading up to this lawsuit occurred.

During March and April 1988, one of the patients2 at the Home became increasingly agitated. On April 11,1988, the patient burned himself by placing lit cigarettes in his pockets. He began throwing lit cigarettes on the beds of other patients, was eating objects such as plastic pudding containers, scratching himself to the point of causing open sores, and smearing his feces on his arms and on the objects around him. The staff was unable to calm him. Minimal restraints were not successful. Medication was not effective. The staff members involved in the patient’s treatment believed that the patient was a danger to himself and to others. Under Nurse Blanchard’s direction, the patient ultimately was placed in a "posey jacket” or straightjacket to restrain him. The restraint jacket was in place for approximately two hours and was removed when the Home’s medical director refused to sign an order permitting its use.

[6]*6The Home’s policy on use of restraints states in part:

Body restraints may be used only upon a physician’s written order. In case of emergency, restraints may be applied to prevent the member from harming himself, but a physician’s written order must be obtained as soon as possible.

Clerk’s Papers at 160.

White observed the patient while he was in the straightjacket. The use of restraints at the Home was rare, and White and other employees were upset that the patient had been placed in a straightjacket. The employees discussed the incident at a union meeting and White assumed that the employees who were directly involved in the incident would report it. When none of them did, White wrote a report on the incident of "patient abuse” and delivered it to the Home’s medical director on May 4, 1988.3 The medical director asked Alan Harrah, superintendent of the Home, to look into the matter.

The superintendent requested that a staff member from another soldiers’ home investigate the alleged abuse. This investigation resulted in a report, dated June 7, 1988, which determined that "patient abuse” did not occur and that the "staff involved were acting in the best interest of the patient.” Clerk’s Papers at 82.

White learned the results of the investigation in mid-July 1988 and believed the investigation and report to be a "whitewash.”

Beginning in December 1987—about five months before [7]*7White complained of the suspected patient abuse—the Home’s management had begun to discuss reorganization. Management determined that Nurse Blanchard was supervising too many departments and employees. When the physical plant at the Home became computerized to allow tracking the use and maintenance of machinery, management recognized that the plant manager would need a computer literate secretary to assist with the new duties. White was one of three secretaries employed at the Home, and the superintendent recommended to management that she be transferred to the plant manager’s office. She was selected for transfer because her existing duties could readily be absorbed by remaining staff, and because she had the necessary computer skills and experience to perform the job at the plant. This transfer would not result in the loss of any benefits or salary and would not affect her employment classification. However, her transfer would mean that she was no longer working in the nursing services area. The Home’s reorganization also would result in a transfer of two drivers and the entire nursing care custodial department to the physical plant.

White learned of the proposed transfer in August 1988 and, in September, she and her union representative met with the Home superintendent about the transfer. At this meeting the superintendent explained the transfer and the reasons for the transfer. White expressed her belief that the transfer was the result of her involvement in reporting the suspected patient abuse described above.

White’s transfer was to be effective in November 1988. The transfer meant that White’s office would be moved to the plant manager’s former office in the physical plant. That office was remodeled with new carpets, cabinets and drapes. White considered the office an undesirable place to work and declined to participate in the remodeling project. She described the office as "a cinder block concrete dungeon with concrete floors and windows so high you could not even see out of them.” She complained that the office was hot in the summer, had inadequate heat in the winter and was noisy.

[8]*8White filed a union grievance complaining about the transfer. The grievance eventually went to mediation and was settled by agreement. The settlement agreement addressed White’s concerns about the physical space in which she had to work but did not result in a transfer back to her original position.

In November 1991, White filed this action against the State of Washington and against Evelyn Blanchard and Alan Harrah, individually, alleging that White had been transferred in retaliation for reporting suspected patient abuse. She seeks damages for violation of her First Amendment rights under 42 U.S.C. § 1983 and for the tort of wrongful transfer in violation of public policy.

The trial court granted the State’s4 motion for summary judgment, dismissing all of White’s claims. White appealed and the Court of Appeals affirmed the trial court’s dismissal of White’s wrongful transfer claim but reversed the trial court on the First Amendment claim and remanded for trial. White v. State, 78 Wn. App. 824, 898 P.2d 331 (1995), review granted, 128 Wn.2d 1024 (1996).

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Bluebook (online)
131 Wash. 2d 1, Counsel Stack Legal Research, https://law.counselstack.com/opinion/white-v-state-wash-1997.