Dinsdale v. Commonwealth
Dinsdale v. Commonwealth
Opinion of the Court
At issue is whether two assistant attorneys general have personal immunity from civil rights claims under Federal and State law. Donald and Patricia Dinsdale brought a civil rights action against two assistant attorneys general and the Commonwealth seeking redress in connection with the nonpayment of judgments which had been entered against the Commonwealth in a prior action. In their complaint, the
The present action derives from a prior tort action which the Dinsdales brought in 1984 against the Commonwealth, acting by and through the Department of Public Works (DPW), for damage to their real property during the construction of Interstate Highway 1-190. In November, 1990, a jury returned a verdict in favor of the Dinsdales, awarding them $60,000 for land damage which resulted from the Commonwealth’s trespass on their land, and $15,000 for emotional distress. The assistant clerk executed separate judgments using standard forms on which the clerk filled in blanks so as to award prejudgment interest as well.
In January, 1991, the Commonwealth filed an appeal.
In early May, 1992, the Dinsdales called the comptroller’s office and were informed that, as the tortfeasor agency, the DPW had to make the payment. In mid-May of 1992, the DPW told the Dinsdales that it had processed the paperwork and would submit the matter to the Legislature. After receiving no news or payment, the Dinsdales contacted their State senator’s office. The senator’s office learned the identity of the defendant assistant attorney general now handling the matter.
In October, 1992, nearly two years after the jury verdicts, one year after the dismissal of the Commonwealth’s appeal, and six months after execution of the judgments, the Dins-dales’ counsel wrote directly to the Attorney General “out of total frustration over the non-payment of two executions against the Commonwealth which are being arbitrarily held hostage in your office.” One month later, the Dinsdales’ counsel received a letter from the other defendant assistant attorney general, the supervisor of the assistant attorney general handling the matter, summarizing the various legal grounds on which the two assistant attorneys general believed
In February, 1993, the Dinsdales’ counsel requested a conference call with the two assistant attorneys general. The parties disagree as to the tone and subject matter of the call, particularly with respect to the substance of any settlement oifers extended. However, the record clearly reflects that no settlement was reached and that the two assistant attorneys general stated, once again, that they would file a motion for relief forthwith. The Dinsdales waited another three months for the two assistant attorneys general to take some action. Although the executions had now been outstanding for well over one year, and the time for filing an appeal from anything but the award of interest had long since passed, the assistant attorney general (not the supervisor) still had not filed the long-awaited motion for relief. Finally, the Dinsdales commenced this civil rights action in May, 1993.
1. Section 1983 immunity. Although the defendant assistant attorneys general are certainly “persons” under 42 U.S.C. § 1983, the United States Supreme Court has established that the Federal civil rights statute must be read in accord with long-standing common law principles of tort immunity which serve public policy. See Imbler v. Pachtman, 424 U.S. 409, 430 (1976) (absolute immunity for prosecutors acting within their role in the judicial phase of a criminal proceeding); Pierson v. Ray, 386 U.S. 547, 554 (1967) (absolute immunity for judges acting within their judicial jurisdiction); Tenney v. Brandhove, 341 U.S. 367, 379 (1951) (absolute immunity for
Government officials are normally protected only by a qualified immunity, and those officials seeking an absolute exemption from personal liability must show that public policy requires an immunity of that scope. See Barrett v. United States, 798 F.2d 565, 571 (2d Cir. 1986), citing Butz v. Economou, 438 U.S. 478, 506 (1978). The decision to extend absolute immunity to prosecutors was based on the concern that, if prosecutors had only a qualified immunity, the threat of § 1983 suits would undermine the independence of public prosecutors and divert their energies from their official duties. Chicopee Lions Club, supra at 247-248, quoting Imbler, supra at 424-425 (“A prosecutor is duty bound to exercise his best judgment both in deciding which suits to bring and in conducting them in court. The public trust of the prosecutor’s office would suffer if he were constrained in making every decision by the consequences in terms of his own potential liability . . .”). Thus, to protect the integrity of the judicial system, prosecutors are absolutely immune from civü rights suits for those activities closely related to the judicial phase of a criminal proceeding, or involving the skills or judgment of an advocate. See Chicopee Lions Club, supra at 248.
Other jurisdictions have extended this absolute immunity to government attorneys in their conduct of civil litigation as well. See, e.g., Barrett, supra at 572; Murphy v. Morris, 849 F.2d 1101, 1105 (8th Cir. 1988); Fry v. Melaragno, 939 F.2d 832, 837 (9th Cir. 1991). These courts have concluded that all three criteria articulated by the United States Supreme Court as determinative of whether to grant an official absolute immunity are satisfied by the integral function of such attorneys in the judicial process. See, e.g, Barrett, supra at 571-573, citing Mitchell v. Forsyth, 472 U.S. 511, 521-523 (1985). We agree.
First, there is an historical and common law basis for granting absolute immunity to government litigators for the perfor
We add that the scope of immunity depends not merely on the status or title of the public official, but on the nature of the official behavior challenged. Chicopee Lions Club, supra at 248. See Imbler, supra at 430. As with government prosecutors, the cloak of absolute immunity extends only to the attorneys’ performance of standard advocacy functions for the Commonwealth. Where the challenged activity is beyond the realm of litigation and involves the assistant attorneys general in roles other than that of advocates, the activity is protected only by a qualified immunity. See Chicopee Lions Club, supra at 249. On this record, the challenged activities of the defendant assistant attorneys general involve them solely in their capacities as advocates for the Commonwealth in civil litigation.
2. State law immunity. The Dinsdales have brought suit against the two assistant attorneys general under the Massachusetts Civil Rights Act, G. L. c. 12, §§ 11H and 111. In Chicopee Lions Club, supra at 251, we established that the scope of prosecutorial immunity under G. L. c. 12 is “at least as broad as under § 1983.” See Rodriques v. Furtado, 410 Mass. 878, 881 (1991), citing Duarte v. Healy, 405 Mass. 43, 46 (1989) (stating in dictum that the legislative intent in enacting the State civil rights statute was to adopt the standard of immunity for public officials developed under 42 U.S.C. § 1983).
We recognize that extending absolute immunity to assistant attorneys general for their conduct of civil litigation “may leave aggrieved individuals without a civil damage remedy for deprivations of their constitutional rights. But the alternative of affording [them] only a qualified immunity . . . would dis-serve the public interest by exposing even the most conscientious [government litigators] to groundless litigation.” Chicopee Lions Club, supra at 253.
The conduct of the assistant attorneys general and their treatment of citizens does not reflect well on these attorneys, the agency
So ordered.
The prejudgment interest award was $47,780 on the land damage judgment and $11,945 on the emotional distress judgment. However, the jury award and the corresponding court order had made no reference to interest.
The execution of the judgments was stayed during the pendency of the appeal. See Mass R. Civ. P. 62 (d), 365 Mass. 829 (1974).
The Commonwealth claims it did not receive notice of the judge’s ruling until February, 1992, when the assistant attorney general then assigned to the case called the clerk’s office to check the status of the case before taking maternity leave.
In accordance with State regulations, the DPW’s counsel sought advice from the Attorney General’s office as to whether the DPW should authorize payment. See 815 Code Mass. Regs. § 5.09 (1993).
The supervisor’s letter suggested that they were considering challenging the dismissal of the Commonwealth’s appeal, the award of prejudgment interest, and the underlying trespass claim itself.
On notice that the Dinsdales were suing him in his individual capacity, the assistant attorney general transferred the case to another assistant attorney general to avoid any conflict of interest. Subsequently, the Commonwealth paid the principal judgments in the original case, leaving only the award of prejudgment and postjudgment interest at issue. Over thirty months after the original entry of the judgments against the Commonwealth, the assistant attorney general moved under Mass. R. Civ. P. 60 (a), 365 Mass. 828 (1974), to eliminate the assessment of interest from the judgments. See Dinsdale v. Commonwealth, 39 Mass. App. Ct. 926 (1995) (granting relief under rule 60 [a] on the grounds that the assessment of interest was a clerical error and that G. L. c. 258, § 2, prohibits the recovery of interest from the Commonwealth in tort actions).
To the extent that the defendants suggest that Dinsdale is a “disgruntled litigant,” we think that on these facts he is understandably and justifiably so.
The strong Federal policy of providing immunity for government officials requires that immunity questions in the Federal courts be “resolved at the earliest possible stage of litigation.” See Anderson v. Creighton, 483 U.S. 635, 646 n.6 (1987). Under Federal law, the denial of an immunity claim is immediately appealable. Mitchell v. Forsyth, 472 U.S. 511, 526, 530 (1985) (“the entitlement is an immunity from suit, rather than a mere defense to liability”). See Behrens v. Pelletier, 516 U.S. 299, 311-312 (1996) (successive pretrial claims of immunity are appealable).
The full extent of the DPW’s conduct is not included in this record.
The Dinsdales may seek relief from the Legislature.
Reference
- Full Case Name
- Donald A. Dinsdale v. Commonwealth & others
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- Published