Brooks v. City of Sugar Creek
2011 Mo. App. LEXIS 362
| Mo. Ct. App. | 2011Background
- Brooks sued the City of Sugar Creek for wrongful discharge/termination after being fired from his police officer position.
- Brooks arrested a drunk driver; the driver allegedly threatened retaliation to terminate Brooks due to connections with a business owner.
- Fields, Brooks's supervisor, allegedly instructed Brooks to shred records related to the arrest; Brooks complied.
- Brooks was terminated by Chief Soule the day after the arrest; City moved for summary judgment arguing sovereign immunity.
- Soule and Fields moved to dismiss Brooks's claims against them as individuals; trial court granted dismissal.
- On appeal, the Western District affirmed summary judgment for the City, and dismissal of the individuals, on sovereign immunity grounds.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does sovereign immunity bar Brooks's claims against the City? | Brooks argues immunity unfit due to wrongful termination not benefiting general public. | City contends termination is a governmental function; immunity bars claims. | Yes; summary judgment upheld on sovereign immunity grounds. |
| Does the City's insurance waiver defeat sovereign immunity? | Insurance coverage may waive immunity to the extent of the policy. | Policy language states it does not waive sovereign immunity. | No waiver; immunity remains. |
| Can Brooks sue Soule and Fields in their individual capacities for wrongful termination? | Public-policy exception may permit individual liability. | Missouri law requires an employer-employee relationship; individuals not liable absent statute. | Denied; no employer-employee relationship shown; individuals not liable. |
| Was there merit to Brooks's discovery-related challenge to the summary judgment ruling? | Brooks needed more discovery on insurance and immunity issues. | No continuance or adequate affidavit; discovery not shown to create genuine issues. | Denied; summary judgment affirmed. |
Key Cases Cited
- Bennartz v. City of Columbia, 300 S.W.3d 251 (Mo.App. W.D.2009) (sovereign immunity and insurance narrowly defined; public policy concerns acknowledged)
- Daugherty v. City of Maryland Heights, 231 S.W.3d 814 (Mo. 2007) (de novo review of summary judgment; genuine issues of material fact required)
- Margiotta v. Christian Hosp. Ne. Nw., 315 S.W.3d 342 (Mo. 2010) (public-policy exception to at-will employment; narrowly drawn)
- Fleshner v. Pepose Vision Inst., P.C., 304 S.W.3d 81 (Mo. 2010) (public-policy exception to at-will employment; wrongful discharge defined)
- Boyle v. Vista Eyewear, Inc., 700 S.W.2d 859 (Mo.App. W.D.1985) (early recognition of public-policy wrongful discharge; employer liability not absolute)
- State ex rel. Gallagher v. Kansas City, 7 S.W.2d 357 (Mo. 1928) (governmental function authority and immunity foundational case)
- Junior Coll. Dist. of St. Louis v. City of St. Louis, 149 S.W.3d 442 (Mo. banc 2004) (governmental functions and immunity scope)
- Kunzie v. City of Olivette, 184 S.W.3d 570 (Mo. banc 2006) (immunity for governmental acts; employee protections)