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Susan Davis, Appellant, vs. Hennepin County, et al., Respondents. C7-96-1841, Court of Appeals Published, February 11, 1997.

STATE OF MINNESOTA IN COURT OF APPEALS C7-96-1841 Susan Davis, Appellant, vs. Hennepin County, et al., Respondents. Filed February 11, 1997 Reversed and remanded Foley, Judge* Hennepin County District Court File No. 94-5198 Joni M. Thome, Legal & Security Services, 700 Lumber Exchange Building, 10 South Fifth Street, Minneapolis, MN 55402 (for Appellant) Michael O. Freeman, Hennepin County Attorney, Beverly J. Wolfe, Assistant County Attorney, A-2000 Government Center, Minneapolis, MN 55487 (for Respondents) Considered and decided by Norton, Presiding Judge, Huspeni, Judge, and Foley, Judge. SYLLABUS I. In a case of first impression we hold that statutory immunity is not available as a defense to claims brought under the Minnesota Human Rights Act. II. The doctrine of official immunity may not be invoked to bar claims under the Minnesota Human Rights Act when the elements to be proved for those underlying claims are substantially similar to the requirements for proof of malice or willfulness in the context of official immunity and the plaintiff has demonstrated prima facie proof to support the underlying claims mandating a trial. OPINION FOLEY, Judge A government employee appeals from an order dismissing her sexual harassment discrimination claims based on statutory and official immunity. Because we conclude that statutory immunity is not available as a defense to Minnesota Human Rights Act claims and the district court erred in its analysis of the official immunity doctrine, we reverse and remand for trial. FACTS Susan Davis has been employed by Hennepin County as a psychiatric social worker at the Hennepin County Home School since 1989. The Home School is a residential treatment center for juvenile offenders. Juveniles at the Home School live in buildings called cottages, and Davis, for the period relevant to this appeal, was assigned to cottage #7. Meredith Kakach was employed by Hennepin County at the Home School from 1980 until she resigned in 1994. During the period relevant to this appeal she worked as a juvenile correctional officer and, like Davis, was assigned to cottage #7.

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Susan Davis, Appellant, vs. Hennepin County, et al., Respondents. C7-96-1841, Court of Appeals Published, February 11, 1997.

In 1991 Davis purchased a new home and told co-workers that she was looking for renters. Kakach expressed interest in renting from Davis and in approximately June 1991 moved into Davis's home as a tenant. In the fall Davis became dissatisfied with the living arrangement and requested that Kakach move out, which Kakach did in December 1991. Davis alleges that Kakach engaged in harassing behavior during and following the period that Kakach rented from her. Specifically, she charges that Kakach cleaned up after her, bought her presents, made comments to her about personal issues, talked to other people about her personal life, suggested to others that they had a romantic relationship, and called her to engage in social activities. Davis had had conversations with Kakach's work supervisor about Kakach's behavior during this period, but first made a formal complaint in April 1992. After Davis's April 1992 complaint, Home School managers met with Kakach who agreed to desist from the offensive behaviors. In March 1993 Davis made a second formal complaint to management about Kakach's allegedly harassing behavior. Davis complained that Kakach had told a sexually offensive joke and continued to talk about Davis to other coworkers. Davis also alleged in the spring of 1993 that Kakach inappropriately touched her and stared at her while giving her keys. In response to the second complaint, Home School officials issued an order instructing Kakach to have no contact with Davis. In addition, Kakach was given a letter of reprimand for telling the inappropriate joke. In May 1993 Davis requested a transfer to a different cottage, but her request was denied. In January 1994 Davis again made a formal complaint about Kakach's allegedly harassing behavior. In response to this complaint Home School officials required Kakach to undergo a mental-fitness-for-duty examination. Kakach was placed on leave in March 1994 until her examination was completed. On March 16, 1994, Davis filed this suit. On March 22, 1994, Home School managers, after learning that Kakach had passed her examination, suspended her for one week. During that week-long suspension Kakach voluntarily resigned. Davis's original complaint in this action included claims for: (1) discrimination based on gender and sexual harassment; (2) discrimination based on sexual orientation; (3) intentional and negligent infliction of emotional distress; (4) aiding and abetting; (5) reprisal and retaliation; (6) assault and battery; (7) negligent training, supervision and retention; and (8) defamation. The complaint named the Home School, Kakach, Terry Wise (Home School superintendent), and Bill Joyce (assistant superintendent) as defendants. After stipulated agreements and orders for partial summary judgment, the only remaining defendant is the Home School and the only remaining claims are: (1) discrimination based on sexual harassment, Minn. Stat.

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