Holmes v. Kansas City Missouri Board of Police Commissioners
364 S.W.3d 615
| Mo. Ct. App. | 2012Background
- Holmes, a former KCPD officer, was suspended and then terminated after IA investigations related to a missing persons case.
- Officers Holmes and Hamre conducted a knock-and-talk at Henderson’s apartment; gun shells were recovered and Holmes took them.
- Detective Hutcheson instructed not to recover or arrest but to leave the matter; the officers documented portions of events.
- Holmes reported the incident later; prosecutor claimed reports did not reflect his presence in Henderson’s apartment.
- Holmes sued Board for MHRA discrimination, whistleblower retaliation, and breach of contract; jury awarded substantial damages.
- Trial court awarded some attorney fees; Board and Holmes appealed; issues centered on contract, immunity, MHRA, punitive damages, and fees.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Breach of contract existence and scope | Holmes had a contractual right to continued employment for cause | Section 84.600 does not create a private contract with damages | Contract claim reversed; no contractual right to damages. |
| Whistleblower claim and sovereign immunity | Whistleblower claim sounded in contract not tort | Sovereign immunity barred tort-like wrongful discharge | Whistleblower award reversed due to sovereign immunity. |
| MHRA discrimination standard | Race was a contributing factor in termination; admissible under MHRA | No contributing factor; discipline not racially motivated | MHRA discrimination submitted; evidence supported contributing factor. |
| Punitive damages under MHRA | Evil motive or reckless indifference shown; punitive warranted | Evidence insufficient for punitive damages | Punitive damages properly submitted; standard met. |
| Attorney fees award and apportionment | MHRA entitled to full recovery of fees; intertwined claims deserve full recovery | Fees should be limited under related-claims rule | Fees awarded remanded for correct calculation; overall relief to be reconsidered. |
Key Cases Cited
- Keveney v. Mo. Military Acad., 304 S.W.3d 98 (Mo. banc 2010) (elements of breach of contract; permissible recovery interplay with MHRA)
- Egan v. St. Anthony's Med. Ctr., 244 S.W.3d 169 (Mo. banc 2008) (no private right to damages for statutory violation absent explicit provision)
- Daugherty v. City of Maryland Heights, 231 S.W.3d 814 (Mo banc 2007) (MHRA 'contributing factor' standard in discrimination)
- Claus v. Intrigue Hotels, LLC, 328 S.W.3d 777 (Mo.App. W.D.2010) (MHRA proof; use of circumstantial evidence in discrimination cases)
- Brooks v. City of Sugar Creek, 340 S.W.3d 201 (Mo.App. W.D.2011) (sovereign immunity limits in wrongful discharge; agency principle)
- Howard v. City of Kansas City, 332 S.W.3d 772 (Mo. banc 2011) (punitive damages in discrimination claims; intentional misconduct not strictly required)
- Williams v. Trans States Airlines, Inc., 281 S.W.3d 854 (Mo.App. E.D.2009) (evidentiary standard for MHRA contributing factor; avoidance of overreach in causation)
- Alhalabi v. Missouri Department of Natural Resources, 300 S.W.3d 518 (Mo.App. E.D.2009) (fee-shifting analysis for intertwined claims; calculating attorney fees)
- Trout v. State, 269 S.W.3d 484 (Mo.App. W.D.2008) (overall relief consideration in fee awards)