TARZIA v. State
2012 R.I. LEXIS 76
| R.I. | 2012Background
- Tarzia, arrested in August 2002 in Newport for cocaine, entered Adult Diversion and dismissal followed in August 2003.
- Tarzia’s October 2003 Motion to Expunge sought sealing/destruction of records; District Court ordered sealing and destruction, with one box checked on form.
- Tarzia disclosed the arrest to a reporter in February 2004; The Advocate published a March 2004 front-page article detailing arrest and diversion history.
- Tarzia filed a 15-count civil action in March 2006 alleging violations of sealing/expungement statutes and related negligence and privacy claims.
- The Superior Court dismissed Counts 3 and 4 (AG duty to notify) as § 12-1.3-3(c) did not apply; later, a jury returned judgments as a matter of law against Tarzia on remaining counts.
- Rhode Island Supreme Court affirmed, holding sealing statute provides no civil-liability remedy, expungement statute remedies do not apply to sealing, and privacy claims fail.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does § 12-1.3-3(c) impose an affirmative duty to notify agencies? | Tarzia argues AG must notify agencies knowing records exist. | State contends § 12-1.3-3(c) does not assign such duty. | No affirmative duty; § 12-1.3-3(c) does not apply here. |
| Can civil liability arise under § 12-1.3-4 for sealing records? | Tarzia seeks civil liability for sealing violations under expungement remedies. | Defendants argue sealing and expungement statutes are distinct; no civil-liability remedy for sealing. | Expungement remedy does not apply; sealing statute has no civil-liability provision. |
| Should there be additional common-law torts for sealing violations? | Tarzia urges common-law negligence claims beyond statutory penalties. | Seal statute displaces common-law remedies; no private action for sealing violations. | No additional common-law remedies for sealing violations. |
| Does the right to privacy statute support Tarzia’s invasion-of-privacy claim? | Tarzia asserts publication of arrest facts violated privacy statute. | Publication predated the article and was not a publication of confidential private facts. | Insufficient evidence of publication of a private (confidential) fact; claim fails. |
| Was Calderone improperly sued in her personal capacity? | Count 6 sought personal-capacity remedy for failure to seal. | Sealing remedy is personal; substitution to Avella in official capacity; issue waived. | Count 6 fails; Calderone treated as official, not personally liable. |
Key Cases Cited
- Billington v. Fairmount Foundry, 724 A.2d 1012 (R.I. 1999) (harmonization not applicable when statutes unrelated in subject matter)
- Stebbins v. Wells, 818 A.2d 711 (R.I. 2003) (statutory remedies coexist with common-law duties in narrow contexts)
- Bandoni v. State, 715 A.2d 580 (R.I. 1998) (strict construction when statute derogates from common law)
- In re Tetreault, 11 A.3d 635 (R.I. 2011) (interpret statutes with plain language and no ambiguity)