Bassett v. Lamantia
Bassett v. Lamantia
Opinion of the Court
***310¶ 1 The United States Court of Appeals for the Ninth Circuit presented the following certified question to this Court on May 30, 2017: "Whether, under Montana law, the public duty doctrine shields a law enforcement officer from liability for negligence where the officer is the direct and sole cause of the harm suffered by the plaintiff?" We accepted the question on June 6, 2017, and held oral argument on November 29, 2017. We exercise our authority pursuant to M. R. App. P. 15(4) and reformulate the question as:
Under Montana law, when a plaintiff claims he was injured directly by an officer's affirmative acts, does the public-duty doctrine exclude all duties that may arise *303pursuant to generally applicable principles of negligence?
¶ 2 For the reasons set forth below, we conclude that the answer to the reformulated question is no. Law-enforcement officers owe the public a general duty to preserve the peace and protect the public from harm inflicted by third persons or other independent sources. The public-duty ***311doctrine recognizes that, because the duty to protect
FACTUAL AND PROCEDURAL BACKGROUND
¶ 3 The United States Court of Appeals for the Ninth Circuit submitted factual information in its certification order, which we summarize as follows.
¶ 4 Officer Lamantia and his partner responded to a neighborhood disturbance around 12:30 a.m. At the scene, Lamantia observed a male suspect running into a driveway. The suspect jumped over a retaining wall and proceeded into Bassett's backyard. Lamantia identified himself as a police officer and ordered the suspect to stop. The suspect continued to run and Lamantia followed on foot, jumping over the retaining wall but dropping his flashlight in the process.
¶ 5 In the meantime, Bassett came out of his house to investigate the commotion. Lamantia, searching for his flashlight, heard footsteps behind him and turned around to see Bassett approaching. Fearing for ***312his safety, Lamantia tackled Bassett to the ground. Lamantia released Bassett as soon as he realized that Bassett was not a threat. Bassett then pointed Lamantia in the suspect's direction and Lamantia continued pursuit. Later that morning, Lamantia returned to check on Bassett, who declined an ambulance or medical help. A few hours later, however, Bassett called the police department to report that he was injured during his encounter with Lamantia. Bassett was subsequently diagnosed with a torn rotator cuff.
¶ 6 Bassett later sued Lamantia and the City of Billings in state court. Bassett alleged a state-law negligence claim against Lamantia for failing to exercise reasonable care in performing his duties and a
¶ 7 M. R. App. P. 15(3) permits this Court to answer a question of law certified to it by another qualifying court. Accordingly, as a question of law, our review of a certified question is "purely an interpretation of the law as applied to the agreed facts underlying the action." N. Pac. Ins. Co. v. Stucky ,
DISCUSSION
¶ 8 Preliminarily, we observe from the parties' briefing and statements during oral argument that not all facts contained in the certification order are necessarily agreed upon. For example, Bassett disputes whether he approached Lamantia prior to being tackled; instead, he maintains that he was standing in his front yard near his house when tackled. We can nonetheless answer the certified question without relying on potentially disputed facts, as our inquiry deals exclusively with whether Lamantia owed Bassett a legal duty. Importantly, the certification order specifies that Bassett alleges Lamantia failed to exercise reasonable care in performing his duties when Lamantia tackled Bassett to the ground. Because our answer to the reformulated certified question depends entirely on what specific duty Bassett alleges Lamantia owed him, disagreement over other facts is immaterial to our analysis.
¶ 9 As another preliminary matter, we explain our reasons for reformulating the certified question. The question as originally asked risks an overly broad answer that could expand application of the public-duty doctrine to exclude other applicable duties. We also do not want to improperly blend negligence elements, such as duty and causation. The question as originally phrased asked us to consider whether the public-duty doctrine shielded "a law enforcement officer from liability for negligence where the officer is the direct and sole cause of the" plaintiff's harm. In his briefing, Bassett urges us to hold that the public-duty doctrine does not apply in cases where an officer is "the direct and sole cause of the harm suffered by the plaintiff." Causation, however, is a separate element of a negligence claim, unrelated to identifying any legal duty the defendant may owe the plaintiff.
***314Lopez v. Great Falls Pre-Release Servs. ,
¶ 10 To succeed in a negligence claim, a plaintiff must establish that the defendant had a legal duty; the defendant breached that duty; the breach caused injury; and damages. Lopez , ¶ 18. Thus, any claim of negligence first requires that the defendant owe a legal duty to the plaintiff. Lopez , ¶ 18. Whether a legal duty exists is a matter of law to be decided by the court. Massee , ¶ 27. In determining whether duty exists, we consider whether imposing a duty comports with public policy and "whether the defendant could have foreseen that his conduct could have resulted in an injury to the plaintiff." Fisher v. Swift Transp. Co. ,
¶ 11 Law-enforcement officers assume an obligation to the public to protect and preserve the peace. Indeed, law enforcement's duty to protect arises from its overarching duty to furnish police protection to the public in general. The public-duty doctrine, a rule of common law negligence, provides that a law-enforcement officer does not owe a legal duty to an individual plaintiff where the plaintiff alleges he or she suffered harm from the officer's breach of the general duty to protect and preserve the peace. Nelson , ¶ 21. In cases where the public-duty doctrine applies to exclude an officer's duty, no duty is owed because "a governmental entity cannot be held liable for an individual plaintiff's injury resulting from a governmental officer's breach of a duty owed to the general public rather than to the individual plaintiff." Massee , ¶ 41 ; Gatlin-Johnson v. City of Miles City ,
¶ 12 The public-duty doctrine "serves the important purpose of preventing excessive court intervention into the governmental process by protecting the exercise of law enforcement discretion," Nelson , ¶ 21, and protects government entities "from liability for failure to adequately enforce general laws and regulations, which were intended to benefit the community as a whole," Gatlin-Johnson , ¶ 14 (quoting E. McQuillin, The Law of Municipal Corporations , § 53.04.25 at 195-97 (3d ed. 2003) ). Because of the often split-second decisions made by law enforcement, officers must be afforded "broad discretion to proceed without fear of civil liability in the unflinching discharge of their duties." Ashburn v. Anne Arundel County ,
¶ 13 To better distinguish the duty to protect and preserve the peace from other independent duties a law-enforcement officer may owe an individual plaintiff, we begin by examining development of the public-duty doctrine and its application in Montana. In 1856, the United States Supreme Court first recognized the public-duty doctrine in South v. Maryland ,
¶ 14 Although not specifically naming it as such, Montana adopted the public-duty doctrine in Annala v. McLeod ,
¶ 15 This Court's analysis of the public-duty doctrine remained focused on law enforcement's general duty to protect and preserve the peace in Phillips v. City of Billings ,
¶ 16 We again addressed an officer's duty to protect a plaintiff from third-party harm in Nelson v. Driscoll , where we also first named the public-duty doctrine. In Nelson , an officer pulled over a suspected drunk driver. Nelson , ¶ 7. The officer did not believe he had probable cause to place the driver under arrest, but nonetheless did not want her driving. Nelson , ¶ 10. Therefore, he requested that she park the car and offered to give her and her passenger a ride home. Nelson , ¶ 10. Both refused a ride and proceeded to walk along the roadway. Nelson , ¶¶ 11-12. As she walked away, the driver was struck and killed by a vehicle operated by an intoxicated driver. Nelson , ¶ 13. Her survivors filed suit against the officer, alleging the officer negligently failed to protect her from the harm *307she suffered. Nelson , ¶¶ 14, 23. We noted that an officer owes a general duty to protect and preserve the peace to the public at large, not to individual members of the public. Nelson , ¶ 21. However, we held that a special relationship existed because the officer undertook specific actions to ensure the driver's safety and, by taking those actions, the officer assumed the duty to protect her from harm. Nelson , ¶ 38. Concluding the officer owed the driver a legal duty to protect her from harm inflicted by a third party because of the special relationship, we instructed that the question of whether the officer breached that legal duty was a question of fact for the jury to decide. Nelson , ¶ 40.
¶ 17 Following Nelson , our analysis of the public-duty doctrine remained focused on cases where officers allegedly breached a duty to protect the victim from outside or third-party harm. See , e.g. , Gonzales , ¶¶ 20, 26 (holding that the police officers were not liable for failing to protect a store clerk from harm inflicted by a robber because the only duty the officers owed the store clerk was one of a general duty to protect and preserve the peace, which is owed to the public at large and not to an individual member of the public); Eklund v. Trost ,
¶ 18 In this case, Bassett is not alleging that Lamantia breached a general duty to protect the public; instead, Bassett is alleging that Lamantia acted negligently in tackling him to the ground as Lamantia pursued a suspect. The public-duty doctrine is therefore inapposite and not relevant when, as here, the negligence action is premised upon the existence of a duty other than the duty to protect and preserve the peace. "A duty owed to all is a duty owed to none" does not apply when the alleged duty breached is not owed to "all," but rather owed to an individual. The foregoing precedent demonstrates that expanding the public-duty doctrine to apply to other duties owed to an individual in Bassett's position, arising from generally applicable negligence principles, would be both analytically unsound and clearly inconsistent with the underlying principles justifying the doctrine. While an officer must be afforded discretion in protecting the public and preserving the peace, it does not follow that an officer owes no other duties to those he encounters as he carries out his job responsibilities.
¶ 19 Although we have not previously considered whether a duty independent of the duty to protect and preserve the peace arises where the plaintiff alleges he was directly injured by an officer's negligent affirmative acts, our precedent does recognize that the public-duty doctrine is not applicable in every negligence case where the defendant is a government entity or person. Gatlin-Johnson , ¶ 17. As we explained in Gatlin-Johnson , the public-duty doctrine "was not intended to apply in every case to the exclusion of any other duty a public entity may have. It applies only if the public entity truly has a duty owed only to the public at large ... [and] does not apply where the government's duty is defined by other generally applicable principles of law." Gatlin-Johnson , ¶ 17. When presented with a negligence claim where the defendant is a governmental entity or person, courts must first identify the alleged duty breached and determine whether the "defendant has a specific duty to a plaintiff arising from 'generally applicable principles of law' that would support a tort claim." Kent , ¶ 39 (quoting Gatlin-Johnson , ¶ 17 ). In most instances involving law enforcement, the alleged duty breached is the duty to protect and preserve the peace. The public-duty doctrine applies in those cases and provides that an officer does not owe a plaintiff a legal duty absent a special relationship. However, in instances where the facts inform that an officer owed a duty to an individual, independent *308of the general duty to protect and preserve the peace owed to the public, the public-duty doctrine does not foreclose a plaintiff's negligence claim. The inquiry ***319necessarily focuses on identifying what duty, if any, is owed to whom. Where the plaintiff claims he was directly injured by an officer's affirmative acts, the officer owes the plaintiff a legal duty to exercise the same care that a reasonable officer with similar skill, training, and experience would under the same or similar circumstances.
¶ 20 Recently, in Kent v. City of Columbia Falls , we distinguished a claim of negligence based on an affirmative act by a government entity or person from a claim of negligence based on a failure to protect or preserve the peace. Kent , ¶¶ 47-50. We observed that in Cope v. Utah Valley State College ,
¶ 21 Differentiating between a plaintiff's claim that he was injured because law enforcement breached a duty to protect or preserve the peace and a plaintiff's claim that he was injured directly by an officer's affirmative acts reflects our recognition that the public-duty doctrine does not apply simply because the defendant is a government officer or agency. Gatlin-Johnson , ¶ 17. See also Kent , ¶ 47 ; Phillips ,
¶ 22 For the foregoing reasons, we conclude that the public-duty doctrine is inapplicable in the rare and limited factual situations, such as the one here, where the alleged duty breached is not one of a general duty to protect and preserve the peace. Because the public-duty doctrine does not preclude an officer's duty in those cases, courts must apply general negligence principles to determine whether a legal duty exists as a matter of law. See , e.g. , Gatlin-Johnson , ¶ 13 (explaining that the determination of whether a legal duty exists "is an issue of law for the court"); Massee , ¶ 27 (stating that the "existence of a legal duty is a matter of law to be determined by the court"). We turn now to the question of whether a legal duty is owed under common law principles of negligence to a person in the circumstances presented here, who alleges that he was directly injured by an officer's affirmative acts while the officer was engaged in his law-enforcement responsibilities.
¶ 23 The traditional, centuries-old, universally-recognized, common law rule is that we all share the duty to exercise the level of care that a ***321reasonable and prudent person would under the same circumstances. Fisher , ¶ 16. See also , § 27-1-701, MCA ("[E]ach person is responsible ... for an injury occasioned to another by the person's want of ordinary care or skill in the management of the person's property or person...."); § 28-1-201, MCA ("Every person is bound, without contract, to abstain from injuring the person or property of another or infringing upon any of another person's rights."). Thus, a person has a duty to exercise the same level of care that a reasonable and prudent person would when placed in a position where, if he did not use such care, he would injure another's person or property. In determining whether a duty exists, courts consider "whether the imposition of that duty comports with public policy, and whether the defendant could have foreseen that his conduct could have resulted in an injury to the plaintiff." Fisher , ¶ 17.
¶ 24 Here, in considering whether imposing a duty comports with public policy, we need look no further than §§ 27-1-701 and 28-1-201, MCA. The Legislature codified public policy by expressly providing that "each person is responsible ... for an injury occasioned to another," § 27-1-701, MCA, and that "[e]very person is bound ... to abstain from injuring the person or property of another," § 28-1-201, MCA. These statutes, moreover, are consistent with well-established common law which requires that all individuals "use the degree of care that an ordinarily prudent person would have used under the same circumstance." Barr v. Great Falls Int'l Airport Auth. ,
"The risk reasonably to be perceived defines the duty to be obeyed." [ Palsgraf ,162 N.E. at 100 .] That is to say, a defendant owes a duty with respect to those risks or hazards whose likelihood made the conduct unreasonably dangerous, and hence negligent in the first instance.
Fisher , ¶ 21 (quoting Mang v. Eliasson ,
¶ 26 When examining the question of foreseeability, the court's role in resolving questions of law and the jury's role in resolving questions of fact are separate and distinct. The question of foreseeability, however, is germane to both roles: the court's in determining the presence or absence of a legal duty and the jury's in determining causation. The court first considers foreseeability to define the legal duty. The jury then considers foreseeability to determine whether the defendant's conduct caused the plaintiff's injury. Even though the existence of a legal duty is normally determined by the trial court and necessarily depends on the facts of a particular case, we may decide the issue, as it is a matter of law and the determinative facts in this case-Bassett's allegation that Lamantia's affirmative acts directly injured him-are not in dispute. Accordingly, we conclude that, under the circumstances presented, an officer owes a plaintiff a legal duty where a plaintiff claims that he was directly injured by the officer's affirmative acts.
¶ 27 Here, Bassett alleges that he was directly injured by Lamantia's affirmative acts. Lamantia's direct and affirmative acts ***323establish the parameters of a legal duty that is independent of any findings the jury might make that Lamantia failed to exercise due care and caused Bassett's injury. Lamantia could have reasonably foreseen that his conduct-tackling someone to the ground-could have resulted in injury to that person. We conclude that Lamantia owed Bassett a legal duty, as Bassett was a foreseeable plaintiff directly injured by Lamantia's affirmative acts. Because we find that Lamantia owed Bassett a legal duty, the question becomes what duty is owed.
¶ 28 The standard of care prescribes how a person must act to satisfy the duty of care he owes to the plaintiff. We begin by noting the obvious: an officer does not stand in the same shoes as an ordinary citizen when pursuing a criminal suspect. Inherent in an officer's job responsibilities is a potential risk of injury to those he encounters. In certain professions, the standard of care is defined by determining what standard of care the reasonably prudent professional in that line of work would exercise. For example, a physician who is "a non-board-certified general practitioner is held to the standard of care of a reasonably competent general practitioner acting in the same or similar community in the United States in the same or similar circumstances." Chapel v. Allison ,
¶ 29 We determine that law-enforcement officers owe a standard of care in cases where the plaintiff claims an officer breached a duty other than the general duty to protect and preserve the peace. Although the duty arises based on the plaintiff's claim that he was directly injured by the officer's affirmative acts, the standard of care an officer owes in that situation is the care that a reasonable officer with similar skill, training, and experience would exercise under the same or similar circumstances. Whether "similar circumstances" exist is a question for the trier of fact in determining whether the defendant breached the duty. See Chapel ,
***324¶ 30 Accordingly, Lamantia owed Bassett a duty to exercise the care that a reasonable officer with similar skill, training, and experience would under the same or similar circumstances. Whether Lamantia departed from that standard of care and thus breached the duty he owed to Bassett, and whether his actions were the cause of Bassett's injuries, are questions of fact to be resolved by the fact finder at trial. See Gatlin-Johnson , ¶ 13 ; Lopez , ¶ 31.
CONCLUSION
¶ 31 We exercise our authority to reformulate the certified question as: Under Montana law, when a plaintiff claims he was injured directly by an officer's affirmative acts, does the public-duty doctrine exclude all duties that may arise pursuant to generally applicable principles of negligence? We answer that the public-duty doctrine does not exclude other applicable duties under the circumstances presented by the certified question. The public-duty doctrine is only applicable to the duty to protect and preserve the peace, and therefore not relevant where the plaintiff alleges he was directly injured by an officer's affirmative acts. The public-duty doctrine does not exclude other duties which might arise independently pursuant to generally applicable principles of negligence. Here, where Bassett alleges that he was directly injured by Lamantia's affirmative acts, Lamantia owed Bassett a legal duty to exercise the same care that a reasonable officer with similar skill, training, and experience would under the same or similar circumstances.
We concur:
MIKE McGRATH, C.J.
JAMES JEREMIAH SHEA, J.
BETH BAKER, J.
DIRK M. SANDEFUR, J.
When we refer to the duty to protect, this includes the duty to preserve the peace. See , e.g. , Nelson v. Driscoll ,
We confine our analysis and holding in this case to the facts giving rise to the certified question.
The scope of our analysis is limited to an answer of the reformulated certified question. See Frontline Processing Corp. v. Am. Econ. Ins. Co. ,
Some of the issues raised by the parties and amici curiae are beyond the scope of the reformulated certified question. For example, MTLA filed an amicus brief in support of Bassett, arguing that the public-duty doctrine is unconstitutional. Multiple Justices have questioned the constitutionality of the public-duty doctrine throughout the years-Justice Nelson notably and continually asserted that the doctrine frustrates Article II, Section 18 of the Montana Constitution. See , e.g. , Gonzales v. City of Bozeman ,
There are exceptions to the public-duty doctrine where a special relationship exists between a government entity or person and the injured plaintiff. Nelson , ¶ 22. The parties agree that no special relationship exists between Lamantia and Bassett.
Concurring Opinion
¶ 32 I have joined the Court's Opinion and write with additional observations on our consideration of public policy. The Court observes that this case marks the first time we have been asked to determine whether a law enforcement officer owes a duty of care to a plaintiff alleging injury directly from an officer's "negligent affirmative acts." Opinion, ¶ 19. Before imposing a common-law duty for the first time, we consider both "whether the imposition of that duty comports with public policy, and whether the defendant could have foreseen that his conduct could have resulted in an injury to the plaintiff." Opinion, ¶ 23 (quoting Fisher , ¶ 17 ). Our analysis "includes determining the moral blame attached to the defendant's conduct, the prevention of future harm, the extent of the burden imposed, the consequence to the public of imposing [a] duty, and the availability and cost of insurance."
***325Gatlin-Johnson , ¶ 13 (citing Fisher , ¶ 28 ). Because the existence of a common-law duty is determined by the Court, we have considered these factors consistently in cases questioning whether such a duty arises-including cases filed against both private parties and government entities and actors. Gatlin-Johnson, ¶ 22 ; Fisher , ¶ 28 ; Prindel v. Ravalli Cnty. ,
*312Estate of Strever v. Cline ,
¶ 33 The Court today relies on §§ 27-1-701 and 28-1-201, MCA, to determine that the Legislature has established the public policy to avoid injury to others, and the Opinion emphasizes-consistent with those statutes-that an officer's duty in the circumstances giving rise to the certified question is to exercise ordinary care or skill. Opinion, ¶ 24. Ordinary care, in turn, will be measured by the standard that a reasonable officer with similar skill, training, and experience would follow under the same or similar circumstances. Opinion, ¶¶ 2, 19, 29-31.
¶ 34 Because of its reliance on the statutes generally governing the duty of ordinary care, the Court does not separately examine the public policy considerations our cases have employed to determine whether a duty of care arises in a particular circumstance. It bears noting that our Opinion today imposes a common-law duty of negligence; it does not hold that an officer owes a statutory duty. We have not before relied exclusively on the general ordinary care statutes when determining whether a common-law duty exists in a given situation. To my knowledge, the only cases in which we have held the public policy consideration satisfied by legislative expression involved statutes that impose specific duties of care applicable to the circumstances of the case. E.g. , Fisher , ¶¶ 18-19, 28-29 (holding that several statutes within the motor vehicle code imposed specific duties of care for motor vehicle operators); Prindel , ¶ 29 (holding that specific statutes requiring a detention center to receive and confine a prisoner imposed a duty on the county to a plaintiff injured by a committed offender). In Prindel , even though we recognized a statutory duty of care, we considered the public policy factors when determining whether a common-law duty existed. Prindel , ¶ 37.
¶ 35 Although the Court does not separately examine these public ***326policy considerations firmly established in our precedent, it does not overrule any prior decisions and reaffirms that public policy is part of the analysis in deciding whether to impose a common-law duty. Opinion, ¶¶ 10, 23. I do not read today's Opinion to suggest that §§ 27-1-701 and 28-1-201, MCA, require the imposition of a new common-law duty any time a person is injured by the acts of another. In the context of the circumstances of this case and the Opinion's thorough consideration of the responsibilities of law enforcement officers, our traditional public policy considerations support the imposition of a duty here.
¶ 36 Our precedent recognizes the moral blame that reasonably attaches where a person's conduct causes or allows serious injury. Gatlin-Johnson , ¶ 22 ; Henricksen , ¶ 24 ; Estate of Strever ,
¶ 37 The third and fourth considerations tend to go hand in hand when public entities are involved. The extent of burden to the defendant and the consequences to the community of holding the public duty doctrine inapplicable here are important considerations. The community bears a cost either way: if a duty is imposed for a law enforcement officer's affirmative acts, the potential liability for breach ultimately falls on the taxpayers; but if a duty is not imposed, the community suffers from the potential that officers will not think through the consequences of their actions and from deterioration in public trust of law enforcement generally. The burden that will fall on the defendant by imposing a duty in the circumstances presented also brings potential to cut both ways. On one hand, the burden is not substantial when considered in light of the Court's ruling that the duty imposed is cabined by the standard of care to which a reasonable officer would be held in similar circumstances. Incorporating the standard of care will ensure that officers *313are held only to the standards they are trained to meet and that the fact-finder will consider the inherent risk of injury when determining whether an officer's affirmative acts constitute a breach of that legal duty. On the other hand, whether or not they ultimately are determined to be liable, law enforcement officers will be burdened ***327by more litigation and court appearances to defend their actions. And the governments that employ them-and consequently, again, taxpayers-will assume the burden of defending those lawsuits and hiring experts to demonstrate that their officers exercised reasonable care in carrying out their duties.
¶ 38 The burden on government employers overlaps with the final consideration of insurance. We have recognized that public officers and entities are insured under state law. See Gatlin-Johnson , ¶ 22, Henricksen , ¶ 24. The public, of course, ultimately bears the cost of that insurance. But, as long as the officer is acting within the course and scope of employment and meets other requirements of law, she will not bear personal liability. See § 2-9-305, MCA.
¶ 39 On balance, the strong interests in safety, public trust in government, and accountability of public officers weigh in favor of concluding that public policy supports imposition of the duty the Court recognizes in this case.
Justice Jim Rice and District Court Judge Nickolas Murnion join in the Concurrence of Justice Beth Baker.
Reference
- Full Case Name
- Robert D. BASSETT, and v. Paul LAMANTIA City of Billings, and
- Cited By
- 18 cases
- Status
- Published