 |
 |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|
|
|
|
Plunkett v. State3/10/2005
This employment discrimination case came before the Supreme Court on February 3, 2005, pursuant to a petition for certiorari filed by the petitioner, the State of Rhode Island (petitioner or state), seeking review of a Superior Court order denying its motion for summary judgment. The petitioner had moved for summary judgment, asserting that the claim of the respondent, Edward J. Plunkett (Plunkett or respondent), was barred by the doctrine of res judicata. The petitioner contended that Plunkett had the opportunity to litigate his discrimination claim in his previous wrongful termination action, Plunkett v. State, 810 A.2d 787 (R.I. 2002) (Plunkett I), and challenges, before this Court, the motion justice's determination that the respondent's claim is not precluded by principles of res judicata. For the reasons set forth herein, we grant the petition for certiorari and quash the order of the Superior Court.
Facts and Travel
The pertinent facts giving rise to Plunkett I and this case are identical. In 1978, respondent began his employment with the state when he was appointed director of the Statewide Judicial Information System (SJIS). He later was appointed to the position of executive director of SJIS and served in that capacity until he was terminated. On March 1, 2001, the Chief Justice of the Rhode Island Supreme Court (Chief Justice) notified respondent, by letter, that his employment would be terminated as of April 1, 2001.
The Chief Justice's letter prompted Plunkett to file a wrongful termination action in Superior Court on March 27, 2001, seeking declaratory and injunctive relief. Plunkett argued that he could be discharged only for cause because he had reached the milestone of twenty years of state employment while in the position of executive director of SJIS. See G.L. 1956 § 36-4-59 (granting full status to state employees with twenty years of service). The suit was expedited by agreement of the parties, who submitted it to the Superior Court on memoranda in early May 2001. On or about July 5, 2001, the Superior Court justice denied respondent's claim for injunctive relief.
Plunkett promptly appealed to this Court, and on December 5, 2002, the decision of the Superior Court was affirmed. Plunkett I, 810 A.2d at 790. We held that the executive director of SJIS is an assistant to the Court Administrator, within the meaning of G.L. 1956 § 8-15-4(a), and therefore, serves at the pleasure of the Chief Justice, § 36-4-59 notwithstanding. Plunkett I, 810 A.2d at 789; see also § 8-15-4(a) ("The hief ustice shall appoint a court dministrator and such assistants as he or she deems necessary to aid in the administration of the judicial system.").
On November 14, 2001, while his appeal was pending, Plunkett filed a second complaint in the Superior Court, this time alleging age and disability discrimination. The state moved to dismiss respondent's complaint under principles of res judicata. The motion was denied on the condition that respondent file an amended complaint within twenty days stating a claim for relief under the Rhode Island Fair Employment Practices Act, G.L. 1956 chapter 5 of title 28 (FEPA). The respondent timely filed an amended complaint alleging that he had asserted a claim of discrimination with the Rhode Island Commission for Human Rights (RICHR or commission) on April 23, 2001, and obtained a right-to-sue letter from the commission on or about October 30, 2001. See § 28-5-24.1 (requiring claimants to obtain the right to sue from the commission before filing a complaint under FEPA in the Superior Court).
The state's motion for summary judgment on the amended complaint, based on res judicata, was denied on Au
Page 1 2 3 4 5 6 Rhode Island Employee Leasing Services
Employee Leasing Services
|
| |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|