122 F.4th 457
1st Cir.2024Background
- Plaintiffs Luther C. Parente and Eric L. Stewart sued the Rhode Island Department of Corrections (RIDOC) for failing to treat their preexisting medical conditions during their incarceration.
- Plaintiffs allege, among other claims, that RIDOC discriminated against them under the Rhode Island Civil Rights Act of 1990 (RICRA), seeking both damages and equitable relief.
- RIDOC contended it was immune from RICRA claims in federal court under the Eleventh Amendment.
- The federal district court found Rhode Island’s State Tort Claims Act broadly waived sovereign immunity for "all actions of tort," including RICRA claims, and denied RIDOC’s summary judgment motion on immunity.
- RIDOC appealed, arguing that RICRA is not covered by such a waiver, contesting the district court’s interpretation and reliance on prior case law.
- The First Circuit concluded the key waiver question turns on unresolved Rhode Island law and certified that question to the Rhode Island Supreme Court.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether RICRA claims are "actions of tort" under the State Tort Claims Act, thus waiving Eleventh Amendment immunity | Parente argues that the Rhode Island Supreme Court's Laird decision interprets the State Tort Claims Act to waive immunity for all tort actions, including RICRA claims. | RIDOC contends that RICRA does not expressly or impliedly waive sovereign immunity as required by federal standards, and the State Tort Claims Act does not extend to RICRA. | The First Circuit certified the waiver question to the Rhode Island Supreme Court, holding it is an open question whether RICRA claims are "actions of tort" under the State Tort Claims Act. |
Key Cases Cited
- Laird v. Chrysler Corp., 460 A.2d 425 (R.I. 1983) (interpreted the State Tort Claims Act as a general waiver of state sovereign immunity for torts)
- Pellegrino v. Rhode Island Ethics Comm'n, 788 A.2d 1119 (R.I. 2002) (waiver of sovereign immunity may be implicit based on statutory terms)
- Curtis v. Loether, 415 U.S. 189 (1974) (civil rights actions for damages can sound in tort)
- Edelman v. Jordan, 415 U.S. 651 (1974) (state waiver of Eleventh Amendment immunity must be unequivocal)
- Sossamon v. Texas, 563 U.S. 277 (2011) (ambiguous statutory terms do not establish waiver of immunity)
- Della Grotta v. Rhode Island, 781 F.2d 343 (1st Cir. 1986) (state high courts control interpretation of waiver under state law)