187 A.3d 1090
R.I.2018Background
- Trooper James Donnelly-Taylor allegedly assaulted Lionel Monsanto while Monsanto was in custody after a traffic stop; Trooper Taylor pled nolo contendere to misdemeanor assault and was ordered to perform community service; criminal disposition was later expunged.
- Monsanto sued in federal court under § 1983 and state-law claims naming Trooper Taylor (individual and official capacity), other troopers, the State, and officials; Trooper Taylor requested state defense and indemnification.
- The Attorney General declined to defend/indemnify Trooper Taylor in his individual capacity under the Governmental Tort Liability Act (G.L. 9-31-8 and 9-31-9), concluding the conduct was outside the scope of employment and/or willful misconduct.
- The Rhode Island Troopers Association (RITA) filed a grievance and demanded arbitration under the collective bargaining agreement (Article 29.17) seeking state-funded defense and indemnification (including punitive damages and fees).
- The State sued in Superior Court for declaratory and injunctive relief to enjoin arbitration and to declare that the Attorney General alone determines defense/indemnification under the Act; the Superior Court issued broad declarations and enjoined arbitration.
- On appeal, the Rhode Island Supreme Court (Goldberg, J.) narrowed the issues, affirmed the injunction against arbitration and most declarations, held the Attorney General has statutory authority to determine defense/indemnification under the Act, and vacated two superfluous declarations.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (RITA) | Held |
|---|---|---|---|
| Whether arbitration may resolve dispute over state-paid defense/indemnification | Arbitration would conflict with statutory scheme; issues of scope and disqualifying conduct are for the AG and courts | CBA creates contractual right separate from statute and is arbitrable | Not arbitrable; arbitration enjoined because it would conflict with state law and Attorney General authority |
| Whether Attorney General has exclusive authority under the Governmental Tort Liability Act to determine entitlement to defense/indemnification | Statute vests AG with sole, nondelegable authority to decide if conduct was within scope or disqualifying under § 9-31-9 | AG lacks exclusive power; CBA and collective bargaining can bind state financial obligations; AG decision reviewable/no exclusive veto | AG has statutory authority to determine eligibility under §§ 9-31-8 and 9-31-9; declaration affirmed (but judicial review remains possible) |
| Whether AG’s decision to refuse defense is nonreviewable | AG argued discretion is unreviewable (citing precedent) | RITA argued AG decision must be reviewable to protect employees’ statutory rights | Court rejected categorical nonreviewability; judicial review is available though scope/timing not decided here |
| Whether other declarations (limiting Governor/department heads or AG powers re: indemnity) were warranted | State sought broad declarations protecting AG authority as sole determiner | RITA sought to enforce CBA terms against the state (including indemnity and fees) | Court affirmed declarations necessary to bar arbitration and confirm AG’s statutory role, but vacated superfluous declarations G and H that exceeded issue scope |
Key Cases Cited
- Rhode Island Alliance of Social Services Employees, Local 580, SEIU v. State, 747 A.2d 465 (R.I. 2000) (arbitrator cannot alter or conflict with statutory duties)
- City of Cranston v. International Brotherhood of Police Officers, Local 301, 115 A.3d 971 (R.I. 2015) (arbitration awards unenforceable where they contravene state law)
- Mottola v. Cirello, 789 A.2d 421 (R.I. 2002) (Attorney General independent; AG’s exercise of statutory defense authority not to be dictated by courts)
- Sullivan v. Chafee, 703 A.2d 748 (R.I. 1997) (declaratory relief is discretionary; appellate review standards)
- Becker v. Beaudoin, 261 A.2d 896 (R.I. 1970) (abolition of municipal immunity and legislative response informing Governmental Tort Liability Act)
- Lead Paint Indus. Ass'n, Inc. v. State, 951 A.2d 428 (R.I. 2008) (recognition of constitutionally-derived powers and broad discretion of the Attorney General)