Moore v. Rhode Island Board of Governors for Higher Education
18 A.3d 541
| R.I. | 2011Background
- Moore, an African-American internal auditor, sues Rhode Island Board of Governors for Higher Education and URI for employment discrimination under FEPA.
- Moore I (2003) against the Board settled in 2005; Moore signed a waiver releasing the Board and its agents from liability.
- Moore II (2006) alleges URI failed to advertise an internal auditor position and paid Moore less than a Caucasian colleague.
- Discrimination occurred in April 2004; Moore claims discovery occurred April 27, 2005 during Moore I deposition.
- Plaintiff argues discovery rule tolls the limitations period; the waiver may or may not release URI depending on its status.
- Rhode Island Superior Court granted summary judgment to defendants; the Supreme Court vacated and remanded for factual determinations on timeliness.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether URI has capacity to sue and be sued in its own name | Moore contends URI is a separate entity with independent capacity. | Board argues URI is merely an agent of the Board and not independently suable. | Remanded for factual determination; capacity not decided. |
| Whether the June 13, 2005 release released URI as an agent of the Board | Release did not extend to URI as an independent entity. | Release covers the Board and its agents, including URI if deemed an agent. | Remanded for factual determination on the scope of the release. |
Key Cases Cited
- Mills v. Toselli, 819 A.2d 202 (R.I. 2003) (discovery rule tolling in narrow injury-discovery situations)
- Martin v. Howard, 784 A.2d 291 (R.I. 2001) (timeliness when injury or wrongful conduct undiscovered)
- Waterman v. Caprio, 983 A.2d 841 (R.I. 2009) (standard for reviewing summary judgment de novo)
- Ouch v. Khea, 963 A.2d 630 (R.I. 2009) (standard for summary judgment analysis)
- Berman v. Sitrin, 991 A.2d 1038 (R.I. 2010) (summary judgment principles in Rhode Island)