Opinion

Connolly v. Henrietta D. Goodall Hospital

Court
Superior Court of Maine
Filed
Jan 6, 2006
Status
Unpublished
On the bench
Paul A. Fritzsche
Cited by
0 cases

The opinion

STATE OF MAINE SUPERIOR COURT

CIVIL ACTION

YORK, ss. DOCKET NO. CV-04-328

ELAINE CONNOLLY,

'Plaintiff

ORDER A N D DECISION

HENRIETTA D. GOODALL

HOSPITAL, INC., et als,

Defendants

Elaine Connolly is a registered nurse who was employed by the defendant

Henrietta D. Goodall Hospital, Inc. as a nursing shift supervisor. On August 31, 2004

Ms. Connolly participated in a panel discussion in New York regarding health care that

was sponsored by the Democratic National Committee. While participating in those

discussions Ms. Connolly made comments that were critical of President Bush's health

care policies and made reference to how an unnamed patient at her hospital had

received what she believed to be inadequate rushed care because of his uninsured

status. Her comments were reported in part in a portion of a Portland Press Herald

article of September 1, 2004. These brief comments apparently deeply offended hospital

officials and hds. Connollj r was quickly subjected to a one-day suspension without pay.

Notice of that suspension was sent by the hospital to the Maine Board of Nursing which

licenses Ms. Connolly. ,

The plaintiff filed a seven count complaint in tlus court which included Count I

based on the federal civil rights law found at 42 U.S.C. g1983, Count I1 based on the

Maine Whistleblotvers' Protection Act at 26 M.R.S.A. 55831-et seq., Count I11 based on

the Maine Civil kghts Act at 5 M.R.S.A. §§4681-et seq., Count IV based on contract,

Count V based on defamation, Count VI based on intentional interference with

advantageous economic relations, and Count VII based on the federal Racketeer

Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. §§I961 and 1962.

The defendants removed this case to United States District Court which

dismissed Counts I and VII. The Court of Appeals affirmed and the remaining counts

were remanded to the Superior Court. The defendants have moved to dismiss Counts

11, I11 and VI. That motion has been briefed and argued.

COUNT I1 - WHISTLEBLOWERS' PROTECTION ACT

~ o u , nI1t was brought pursuant to the Maine "Whistleblowers' Protection Act"

found at 26 M.R.S.A. §§831-et seq. That act protects an employee from a variety of

adverse employment actions if,

"A. The employee, acting in good faith, or a person acting on behalf of the

employee, reports orally or in writing to the employer or a public body

what the employee has reasonable cause to believe is a violation of a law

or rule adopted under the laws of this State, a political subdivision of this

State or the United States. B. The employee acting in good faith, or a

person acting on behalf of the employee, reports to the employer or a

public body, orally or in writing, what the employee has reasonable cause

to believe is a condition or practice that would put at risk the health or

safety of that employee or any other individual. The protection from

discrimination provided in this section specifically includes school

personnel who report safety concerns to school officials with regard to a

violent or disruptive student; and C. The employee is requested to

participate in an investigation, hearing or inquiry held by that public

body, or in a court action."

See 26 M.R.S.A. §833(1).

The Legislature has defined "Public Body" at 26 M.R.S.A. §833(4) as

follows:

"Public body" means all of the following: A. A state officer, employee,

agency, department, division, bureau, board, commission, council,

authority or other body in the executive branch of State Government; B.

An agency, board, commission, council, member or employee of the

legislative branch of State Government; C. A county, municipal, village,

intercounty, intercity or regional governing body, a council, school district

or municipal corporation, or a board, department, commission, council,

agency or any member or employee thereof; D. Any other body which is

created by state or local authority or which is primarily funded by or

through state or local authority, or any member or employee of that body;

E. A law enforcement agency or any member or employee of a law

enforcement agency; and F. The judiciary and any member or employee

of the judiciary.

In this case Ms. Connolly was punished for statements made at a political event.

The question is not whether her statements were accurate or not, whether she should

have been disciplined or not or even whether the hospital should have embraced her

desire for more money for the care of the poor. Rather the question is whether she

reported to the employer or a public body. While she has stated that she had

previously brought her concerns, assuming them to be within the protected reporting

under the Whistleblowersf Protection Act, to the attention of higher level officials at the

hospital she did not directly do so here. Likewise, a panel of officials of any political

party cannot be considered to be a "Public body" as the Maine legislature defined it.

An individual member of the panel, such as the Governor of Iowa, might be within the

meaning of "Public body" in his home state, if Iowa had an identical law, but he is not

within the Maine Legislature's definition of "Public body." The definition of "lJublic

body" is meant to refer to Maine officials and components of Maine government not

Governors, Senators or Representatives from other states. Her comments are not

protected undcr thc htainc Whistleblotvcrs' Protcction Act.

While "prior notice to an employer is not required if the employee has specific

reason to believe that reports to the employer will not result in promptly correcting the

violation, condition or practice", 26 M.R.S.A.§833(2), this exemption only applies if the

employee has, at least, reported a violation or unsafe practice or condition to a "Public

body".

Since the statements were made to a panel sponsored by the Democratic National

Committee which does not contain any individuals who would meet the definition of

"Public body" found at 26 M.R.S.A. §833(4), Count I1 must be dismissed.

COUNT I11 - MAINE CIVIL RIGHTS ACT

Count I11 was brought pursuant to the "Maine Civil fights Act", 5 M.R.S.A.

§§4681-et seq. The Maine legislature has authorized the bringing of a civil action by an

aggrieved person,

"Whenever any person, whether or not acting under color of law,

intentionally interferes or attempts to intentionally interfere by physical

force or violence against a person, damage or destruction of property or

trespass on property or by the threat of physical force or violence against a

person, damage or destruction or property or trespass on property with

the exercise or enjoyment by any other person of rights secured by the

United States Constitution or the laws of the United States or of rights

secured by the Constitution of Maine or laws of the State or violates

section 4684-B, the person whose exercise or enjoyment of these rights has

been interfered with, or attempted to be interfered with, may institute and

prosecute in that person's own name and on that person's own behalf a

civil action for legal or equitable relief."

This law applies to "any person, whether or not acting under color of state law" and

would potentially apply to the hospital and its officials. Also see 5 M.R.S.A. 94684

which makes this proposition even clearer by stating that the protections exist

"regardless of whether the specific interference complained of is performed or

attempted by private parties."

Howcver, in this case there is no allegation of or evidence of the use of physical

force or violence, damage or destruction of property, trespass on property or the threat

of the same. No hospital official lut her, shot her, lynched her, burnt her house,

trespassed upon her property or otherwise violated this law. The Maine Civil kghts

Act was not designed to encompass all potential interferences with civil rights. The

precise words chosen by the Legislature cannot be cast aside. The law focuses on force,

violence, damage or destruction of property or trespass, nolie of which ex~sthere. The

Maine statute expands 42 U.S.C. §1985(3)bul does not include all possible violalions of

Protection, 1998 VIE 198, ¶23, 71 6

civil rights. See Andrezus 21. Dq1i7rtnlent of E~~viri171r/ie1itn1

A.2d 212, 220. Count 111will be dismissed.

COUNT VI - INTERFERENCE WITf-I ADVANTAGEOUS ECONOMIC RELATIONS

Count V1 was brought based on a claimed intentional interference with

advantageous relations. In order to prevzil h4s. Connolly must establish the existence of

a contract or prospeclive eco~~ornir. c , tel-ferclnce ~hrougllfraud or i l l Lirnidal ion

d r t v d ~ ~ c -j11

and damages that are proximately caused by the interference. The loss of the day's pay

can be resolved through Count IV, the contract claim. As the Board of Nursing "voted

to take no action on the provider (Goodall) report and considers the matter closed" the

cause of action in Count VI fails.

The entry is:

Counts 11, I11 and VI of the complaint are dismissed.

Dated: January 6, 2006

Thomas Connolly, Esq. - PL

James Erwin, Esq. - DEFS Paul A. ~ritzschdj

Justice, Superior Court

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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