# Dall v. Caron

> Supreme Judicial Court of Maine · July 8, 1993 · 628 A.2d 117

URL: https://www.frixlaw.com/law-library/cases/9630318

## Case

- **Full name:** Robert DALL Et Al. v. Ronald CARON Et Al.
- **Court:** Supreme Judicial Court of Maine
- **Decided:** July 8, 1993
- **Citations:** 628 A.2d 117; 1993 Me. LEXIS 119
- **Precedential status:** Published
- **Opinion:** Dissent by Glassman
- **Judges:** Wathen, Roberts, Glassman, Clifford, Collins, Rudman
- **Cited by:** 11 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9630318

## How later opinions describe it (automated extraction)

- holding that decision to bring criminal charges is a discretionary function under the Maine Tort Claims Act
- holding that police officers are absolutely immune from malicious prosecution suit regardless of bad faith
- holding that “bad faith proviso” found in § 8111(1)(E) did not apply to remainder of § 8111(1)
- holding § 8111(1)(C) applies to officer’s decision to prosecute criminal charges

## Opinion text

GLASSMAN, Justice,
dissenting.
I must respectfully dissent to part II of the Court’s opinion. I cannot concur in the judgment of the Court, affirming the decision of the trial court, that as a matter of law 14 M.R.S.A. § 8111(1)(C) (Pamph.1992) provides the defendant police officers with absolute immunity from civil liability. Absent such immunity, the sole function of the trial court was to determine whether a genuine issue of any material fact existed in this case. Bad faith, implicit in any claim for malicious prosecution, presents a genuine issue of material fact which must be determined by the factfinder. Such an issue could not be decided by the trial court in the context of the defendants’ motion for a summary judgment regardless of the likelihood that the plaintiffs would prevail at trial. See 2 Field, McKusick & Wroth, Maine Civil Practice § 56.4 at 39 (1st ed. 1970). Accordingly, on the record before us, the trial court erred in granting the defendants’ motion for a summary judgment. See M.R.Civ.P. 56.
We have noted on numerous prior occasions that “the cardinal rule in construing a statute is to ascertain the intendment of the Legislature. State v. Philbrick, 402 A.2d 59, 62 (Me.1979) (citing State v. Hussey, 381 A.2d 665, 666 (Me.1978). The court’s analysis must attempt to find a meaning that is consistent with the overall statutory context, the subject matter of the statute, its purpose, the occasion and neces *120 sity of the law and the consequences of its interpretation. Id.
It is evident that section 8111 provides an absolute shield to governmental employees from civil liability for some but not all of their behavior. My dissent from the Court’s opinion centers on the applicability of the clause contained in subparagraph E that excludes actions in bad faith from that absolute shield. The Court bases its determination that the exclusion is not applicable to the actions described in subpara-graphs A through D on the fact that the clause is contained within subparagraph E. The consequence of this interpretation is to provide to a government employee the shield of absolute immunity for actions described in subparagraphs A through D regardless of the egregiousness of the action or of the injury to another proximately caused by that action. I cannot agree that this was the intent of the Legislature, nor in my opinion, does an analysis of the statute support the Court’s interpretation. See Seven Islands Land Co. v. Maine Land Use Reg., 450 A.2d 475, 480 (Me.1982) (clauses in statute must be read in context of entire statutory scheme so all its provisions are in harmony and effectuated).
Subparagraphs A through E describe certain behavioral acts. The clause at issue reads: “provided that such immunity shall not exist in any case in which any employee’s actions are found to have been in bad faith.” (Emphasis added). The referent for the words “such immunity” is the subject of the applicability of the entire clause. Neither subparagraph E, nor sub-paragraphs A through D, contain a referent to these words. Each of the subpara-graphs describes a type of behavioral action, not a type of legal immunity. The sole referent to the words “such immunity” lies within section 1 of the statute, which recites that “employees of governmental entities shall be absolutely immune from personal civil liability” for the types of behavioral actions described in subpara-graphs A through E. Thus, it seems clear that the intent of the Legislature was to modify the general grant of absolute immunity by excluding from its shield certain behavioral actions. The excluded actions are defined by the words “in any case in which an employee’s actions are found to have been in bad faith.” (Emphasis added). The words “in any ease” encompass the behavioral actions described in subparagraphs A through E and remove such actions from the shield of absolute immunity if such actions are found to have been in bad faith. Cf. Buckley v. Fitzsimmons, — U.S. -, 113 S.Ct. 2606 , 125 L.Ed.2d 209 (1993) (discussion of exceptions to common law grant of “absolute immunity” to prosecutors).
I would vacate the summary judgment entered in the plaintiffs’ malicious prosecution claim against the defendants and remand the case to the Superior Court.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9630318. Public record. Not legal advice.