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Wallin v. Minnesota Deptartment of Corrections8/3/1999
Appellant challenges the district court's dismissal of his employment claims, arguing the district court erred in (1) determining his tort claims were time-barred; (2) determining that he failed to establish a prima facie case of tortious interference with contract; (3) dismissing his defamation claims based on the statute of limitations and privilege; (4) determining it lacked jurisdiction to hear his contract claim; (5) dismissing his Minnesota Human Rights Act (MHRA) claim as time-barred and for failure to establish a prima facie case; and (6) dismissing Wallin's negligent and intentional infliction of emotional distress claims for failure to establish a prima facie case. We affirm as modified.
FACTS
Appellant Craig P. Wallin began working at the Minnesota Correctional Facility at Stillwater (MCF-STW) in 1980. Within his first five years there, Wallin was promoted from Correctional Officer I (CO I) to Correctional Officer III (CO III). The record reveals no history of job performance problems until 1991.
In 1991, Wallin was convicted of assaulting his live-in girlfriend. In March 1992, he assaulted her again. Wallin pleaded guilty to gross misdemeanor assault and was sentenced to 15 days in jail. While the charge was pending, Wallin entered a chemical dependency treatment program and returned to work on the condition that he remain free of chemicals for three years. After his conviction, following a hearing, MCF-STW warden Robert Erickson discharged Wallin effective August 27, 1992.
Wallin grieved the discharge through his union, the American Federation of State County and Municipal Employees (AFSCME), under the collective bargaining agreement (CBA) between AFSCME and the State Department of Corrections (DOC). On December 11, 1992, AFSCME and DOC reached a settlement, reinstating Wallin at a CO II level with CO III pay. The settlement and release agreement also granted Wallin pay, benefits, and sick leave/vacation accruals retroactive to his discharge. MCF-STW agreed to remove all documents relating to the discharge from Wallin's personnel file and not to impede Wallin's efforts for future transfers or promotions. Wallin's continued employment was made contingent on completion of his scheduled treatment program. Wallin signed the settlement and release, acknowledging he understood and voluntarily accepted its terms.
Shortly after his January 1993 reinstatement, Wallin requested vacation leave. His request was denied because it was not made six months in advance as required by the CBA. Wallin also requested two transfers, but those requests were denied by the institutions to which he sought to transfer. Wallin was credited with sick and vacation accruals for the period from discharge to reinstatement, but he was not credited with holiday pay.
Wallin began to have numerous problems shortly after his reinstatement. On March 28, 1993, Wallin conducted a lengthy and aggressive "shake-down" of an inmate. According to a coworker, Wallin conducted the "shake-down" for purposes of harassment and intimidation -to show the inmate "who was the boss."
On April 3, 1993, Wallin intentionally left the cell doors in an entire cell block unbolted. Wallin stated he intended his action as a learning experience for a new officer, but he did not have supervisory permission or authority to conduct a training exercise. This action compromised prison security and could have allowed an inmate to free himself from his cell.
On April 20, 1993, Wallin was involved in an incident while conducting an inmate count with respondent Elizabeth Hughes. After Hughes told Wallin to "Hurry up," Wallin said, "Don't rush me," and shook a r
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