Crowley v. State, Department of Health & Social Services
253 P.3d 1226
Alaska2011Background
- Crowley was hired as a social worker by OCS in November 2000, attaining permanent status in December 2001 after probation.
- In 2002, supervisor Deborah Allen raised grave concerns about Crowley’s judgment and ethical behavior, supported by other supervisors.
- OCS Staff Manager Ed Sheridan conducted a December 2002 investigation into seven specific allegations of Crowley’s misconduct.
- Sheridan’s report found evidence supporting all seven allegations and characterized Crowley as incompetent and at risk to children.
- Acting Director Tom Cherian terminated Crowley on December 20, 2002; Crowley sued in 2004 alleging breach of the implied covenant, retaliation, and discrimination.
- The superior court granted summary judgment to OCS in 2006; this court partially reversed, remanding the covenant claim and retaliation claim for trial, which occurred in 2009 and resulted in Rule 41(b) dismissal in favor of OCS.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Rule 41(b) dismissal was proper | Crowley contends prima facie case existed. | OCS argues no prima facie case; trial court weighed evidence. | No error; no prima facie case proven. |
| Whether Crowley proved a subjective breach of the covenant | Sheridan and Allen acted in bad faith. | Investigations and decisions were made in good faith. | No subjective breach proven. |
| Whether Crowley proved an objective breach of the covenant | Allen’s presence tainted the investigation; disparate treatment not documented. | No evidence of taint or improper disparate treatment; claims waived. | No objective breach proven. |
| Whether any additional asserted objective breaches were preserved | Raised multiple new arguments on appeal. | Claims not raised below are waived or lack record support. | Waived or unsupported; not considered. |
Key Cases Cited
- Rogge v. Weaver, 368 P.2d 810 (Alaska 1962) (pre-rule-change framework for Rule 41(b) dismissal)
- Peterson v. State, Department of Natural Resources, 236 P.3d 355 (Alaska 2010) (good-faith determinations may rely on others' findings)
- Era Aviation, Inc. v. Seekins, 973 P.2d 1137 (Alaska 1999) (subjective and objective components; bad faith defined)
- Mitchell v. Teck Cominco Alaska, Inc., 193 P.3d 751 (Alaska 2008) (covenant of good faith; standard for objective component)
- Smith v. Anchorage School Dist., 240 P.3d 834 (Alaska 2010) (covenant implications; emphasis on fair treatment)