Dacier v. Anchor Med. Assocs.
Dacier v. Anchor Med. Assocs.
Opinion of the Court
John J. McConnell, Jr., United States District Judge *297Before the Court is Anchor Medical Associates' motion to dismiss Plaintiff Denise Dacier's Complaint. For the following reasons the motion is DENIED.
Ms. Dacier was attacked and assaulted by a patient while performing a medical examination. The assault resulted in her being transported, via ambulance, for medical treatment. Ms. Dacier was fired a week after the assault for unexcused absences from work. Anchor offered an unsolicited alternative excuse for the dismissal-we were going to fire you anyway.
Facts
On July 17, 2017, Ms. Dacier was working for Anchor Medical Associates ("Anchor") as a nurse practitioner when she was "subjected to an unprovoked attack by [a] patient" where "the patient pulled [her] hair, grabbed her head and struck her in the face, causing her to fall backwards into [a] wall and then ground," thus causing her to be transported to Rhode Island Urgent Care by ambulance for treatment. ECF No. 1-1 ¶¶ 16-18. The Warwick Police Department responded and a report was generated. Id. Ms. Dacier alleges she "sustained severe physical and emotional injuries" and "was compelled to undergo various medical evaluations and treatments for her injuries." ECF No. 1-1 ¶¶ 17, 19-20. On July 24, 2017, Dacier was terminated by letter from her position as nurse practitioner at Anchor for an "unnoticed absence" and because " 'prior to her recent injury' the employer had determined that the Plaintiffs performance 'was not acceptable and not correctable and that [her] employment would have been terminated for those reasons anyway.' " ECF No. 1-1 ¶¶ 22, 26-27. Ms. Dacier is seeking relief for the Defendant's alleged discriminatory employment practices and retaliation. ECF No. 1-1.
Procedure
After satisfying administrative prerequisites, Ms. Dacier filed her complaint in The Rhode Island Superior Court. ECF No. 1-1. The Defendant removed the case to federal court. ECF No. 1-2. The Defendant filed a motion to dismiss under the Federal Rules of Civil Procedure Rule 12(b)(6). ECF No. 6. The Plaintiff opposed the motion to dismiss. ECF No. 10.
Standard of review
"Like a battlefield surgeon sorting the hopeful from the hopeless, a motion to dismiss invokes a form of legal triage, a paring of viable claims from those doomed by law." Iacampo v. Hasbro, Inc. ,
*298Analysis
Counts I, II, & III
The Court finds Ms. Dacier has plead sufficient facts to make her disability claim plausible. The statutory language and definition of "disability" is similar in the Rhode Island Civil Rights Act ( R.I.G.L. § 42-112-1 et seq. ), Americans with Disabilities Act (
Ms. Dacier alleges that her "medical impairment(s), and the Employer's perception that she suffer(s) from a chronic impairment(s) were the motivational factors in the Employer's decision to terminate." ECF No. 1-1 ¶ 29. The crux of Anchor's motion to dismiss is: Ms. Dacier was not disabled. Ms. Dacier was under medical care due to an assault. Anchor had actual and constructive knowledge that she was under medical care. ECF No. 1-1 ¶¶ 23, 24. The Court realizes that Ms. Dacier was fired before being able to acutely identify a disability and/or request any reasonable accommodations. However, the Court is reminded of the blue-collar folktale where a construction site foreman yells, "you're fired," to a worker falling from a scaffold in an effort escape liability. The Court can infer that until released from medical care, the type and level of actual disability and/or accommodations required, if any, cannot be determined with a quantum of clarity. The Court finds it plausible that while under medical care, as a direct result of a workplace injury, Anchor could have perceived Ms. Dacier as disabled-at least until able to attempt a return to work.
Count IV
Ms. Dacier alleges she was fired for reporting a workplace injury and availing *299herself to Workers' Compensation rights. ECF No. 1-1 ¶ 51. At this stage of litigation, the Court finds her claim plausible. The First Circuit has stated that the public policy behind the Rhode Island Whistleblowers Protection Act is "to encourage the prompt reporting and early, amicable resolution of potentially dangerous workplace situations, and to protect those employees who do report such violations from retaliatory action by employers." Malone v. Lockheed Martin Corp. , No. C.A. 07-065ML,
(1) Because the employee ... reports ... to a public body ... a violation ... of a law ... of this state ... or the United States ..., or
(2) Because an employee is requested by a public body to participate in an investigation, hearing, or inquiry held by that public body, or a court action."
R.I. Gen. Laws § 28-50-3 (alterations in original). " 'Public body' means any department, agency, commission, committee, board, council, bureau, or authority or any subdivision thereof of state or municipal government." R.I. Gen. Laws § 42-46-2.
Ms. Dacier alleges that she was fired because she reported a workplace injury-an injury that included police involvement-and for availing herself of rights under Rhode Island Workers' Compensation laws. ECF No. 1-1. Anchor construes Ms. Dacier's Workers' Compensation claim as the sole source of cooperating with a public body, while ignoring the actual assault and subsequent police involvement. The Warwick Police Department would qualify as a "public body" under the statutory definition. The very reporting of an assault would constitute "protected conduct" under the statute. Therefore, the Court finds Ms. Dacier's retaliation allegation plausible at this stage.
Count V
Dismissed by mutual agreement of both parties.
Conclusion
For the foregoing reasons, the Court DENIES the motion to dismiss for failure to state a claim.
IT IS SO ORDERED.
The Plaintiff's initial complaint skipped V and stated this cause of action as VI. ECF No. 1-1. The Plaintiff corrected to Count V in ECF No. 10-1. However, the corrected Count V is moot due to dismissal by agreement of both parties. ECF Nos. 10-1 & 13.
Reference
- Full Case Name
- Denise DACIER v. ANCHOR MEDICAL ASSOCIATES
- Cited By
- 1 case
- Status
- Published