 |
 |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|
|
|
|
Kanzler v. Renner5/23/1997
Appellant Sharon Kanzler, a former dispatcher with the Cheyenne Police Department, appeals from the summary judgment which was entered in favor of appellee, police officer David Renner, on Kanzler's claim of intentional infliction of emotional distress.
We reverse.
Appellant Kanzler states two issues:
1. Whether the defense of qualified immunity shields a police officer from suit for outrageous conduct outside the scope of his duties.
2. Whether evidence of physical attack, persistent harassment and severe emotional injury requires a jury decision on a claim for intentional infliction of emotional distress.
Appellee Renner presents the issues in this way:
I. Was appellee David Renner, defendant below, entitled to summary judgment in his favor as a matter of law, concerning the cause of action for intentional infliction of emotional distress?
II. Was appellee David Renner, defendant below, entitled to summary judgment in his favor as a matter of law, based upon the affirmative defense of qualified immunity?
FACTS
Kanzler was employed by the City of Cheyenne Police Department from July 12, 1982, through August 14, 1991, as a police dispatcher. During her employment with the Police Department, Kanzler developed a friendship with Renner, a police officer also employed by the Cheyenne Police Department. Kanzler claims that beginning in mid-March of 1991, and continuing for a period of approximately six weeks, Renner's conduct toward her changed and he engaged in behavior that was both offensive and unwelcome.
The first identified deviation in behavior occurred at approximately 4:00 a.m. one morning in mid-March when Kanzler was driving home from work. According to Kanzler, as she drove toward her home, a car approached her from behind at a high rate of speed. Kanzler stopped when she realized that she was being followed by a squad car. As the car passed her, she noticed that it was driven by Renner. When she pulled into her driveway, Renner drove around her car and squealed to a stop in front of her house. By that time, she had run to her front door and Renner called out to her, "Hey, Babe, come here." Kanzler was frightened and she responded by locking herself inside the house. When Kanzler arrived at work the next night, she found a note from a dispatcher stating Renner had logged her speeding.
Within the next few days, Kanzler noticed Renner's squad car parked down the street from her house when she arrived home from work shortly after 4:00 a.m. When she got out of her car, Renner sped toward her. Kanzler again hurried into the house and locked the door behind her. Renner stopped for several seconds in front of her house as she peered out the window, and then sped off.
Following this incident, Kanzler claims that Renner started coming into the radio room where she worked more frequently than he had in the past. She states that he would sit close to her and stare at her for long periods of time while she was attempting to do her radio dispatch job.
Kanzler also claims that Renner asked her when they were going to go to Fort Collins so that she could teach him to two-step. Kanzler acknowledges that she and defendant Renner had gone to Fort Collins in the past, but she states that she advised Renner that they were not going to go to Fort Collins again and that she did not want to teach him to two-step. Later that night, Kanzler claims that Renner approached her, grabbed her, pulled her body up next to his, and started to slow dance. She told him to leave her alone and pushed him away.
On one occasion, Renne
Page 1 2 3 4 5 6 7 8 Wyoming Employee Leasing Services
Employee Leasing Services
|
| |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|