2024-0387-M.P.
R.I.Jul 3, 2026Background
- Two incarcerated plaintiffs alleged RIDOC failed to accommodate and treat their preexisting ankle injuries, including denial of elevator access and elevation pillows. 1
- Their operative complaint included a RICRA discrimination count alleging deprivation of equal rights and reasonable accommodations. 2
- RIDOC denied the RICRA allegations and asserted Eleventh Amendment immunity. 3
- The federal district court denied RIDOC summary judgment on Count II and held RICRA claims sounded in tort under the STCA. 4
- The First Circuit certified whether RICRA discrimination claims are 'actions of tort' under the STCA. 5
- The Rhode Island Supreme Court answered the certified question in the affirmative and remanded the papers for further proceedings. 6
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Are RICRA discrimination claims actions of tort under STCA? 7 | Parente argued RICRA creates civil injury claims sounding in tort. | RIDOC argued RICRA claims are not tort actions covered by STCA. | Yes; RICRA discrimination claims sound in tort and fall within STCA. 8 |
| Does STCA waive immunity for RICRA claims? 9 | Parente said STCA's broad waiver covers RICRA tort claims. | RIDOC said no waiver exists for federal-court RICRA claims. | Yes; STCA waives immunity for these claims. 10 |
Key Cases Cited
- Laird v. Chrysler Corp., 460 A.2d 425 (R.I. 1983) (STCA broadly waives sovereign immunity for all actions of tort 11)
- Pellegrino v. Rhode Island Ethics Commission, 788 A.2d 1119 (R.I. 2002) (waiver of sovereign immunity may be implicit 12)
- Curtis v. Loether, 415 U.S. 189 (U.S. 1974) (civil discrimination damages actions sound basically in tort 13)
- Ward v. City of Pawtucket Police Department, 639 A.2d 1379 (R.I. 1994) (RICRA provides broad protection against discrimination 14)
- Goodman v. Lukens Steel Co., 482 U.S. 656 (U.S. 1987) (federal cases treated discrimination as tort 15)
- Perez-Serrano v. DeLeon-Velez, 868 F.2d 30 (1st Cir. 1989) (federal discrimination precedent treating discrimination as tort 16)
- Preserve at Boulder Hills, LLC v. Kenyon, 312 A.3d 475 (R.I. 2024) (broad definition of tort as civil wrong compensable by damages 17)
- Rathbun v. Autozone, Inc., 361 F.3d 62 (1st Cir. 2004) (RICRA claims are injuries to the person and follow tort limitations 18)