202 A.3d 217
R.I.2019Background
- In 2003 Moreau ran for and won mayor of Central Falls; during and after the campaign he made statements and took actions targeting police chief Wilson and library employees Shannahan and Twohig, leading to multiple investigations, suspensions, and alleged harms.
- Wilson sued Moreau in federal court (Wilson v. Moreau); some federal claims survived to judgment in favor of defendants and some state-law claims were dismissed without prejudice; the First Circuit affirmed.
- In 2007 plaintiffs (Wilson, Shannahan, Donald D. Twohig, and the Estate of Donald P. Twohig) filed state-law tort claims in Providence Superior Court (defamation, privacy/false light, emotional distress, interference, conspiracy, conversion).
- The City later entered bankruptcy; in 2013 the City was replaced by its insurer, the Rhode Island Interlocal Risk Management Trust (the Trust), as defendant, preserving the City’s defenses.
- The Trust moved for summary judgment (res judicata, §9-1-25 statute of limitations, lack of evidence of tortious conduct within scope of employment, privilege for speech on public matters); plaintiffs produced voluminous discovery but failed to identify specific record citations or affidavits creating triable issues.
- The Superior Court granted summary judgment for the Trust on all counts; plaintiffs appealed and the Rhode Island Supreme Court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Preclusive effect (res judicata) of prior federal litigation on "new" state claims (Counts IV–VII) | New state claims are distinct and not barred because federal dismissal for some plaintiffs was without prejudice; plaintiffs (some) not precluded | Prior federal adjudications involved same parties/transactions; Trust is in privity with City and prior final judgments for Twohigs bar re-litigation | Res judicata bars Donald P. and Donald D.’s new claims; does not bar Wilson and Shannahan where prior dismissal was without prejudice |
| Statute of limitations (§9-1-25) for new claims by Wilson and Shannahan | Tolling occurred during federal litigation; limitations defense waived by City/Trust for failure to press earlier | §9-1-25 applies; Trust preserved the defense in pleadings; last accrual date was August 10, 2004; action filed after three-year period | New claims by Wilson and Shannahan are time-barred by §9-1-25; Trust did not waive the defense |
| Defamation (old claims) — falsity, malice, privilege, and evidentiary sufficiency | Plaintiffs argue voluminous depositions and press articles create factual disputes and that a totality review prevents summary judgment | Statements concern public matters; qualified (and arguably absolute) privilege applies; plaintiffs failed to point to specific admissible evidence showing falsity or malice | Summary judgment for Trust affirmed: plaintiffs did not identify specific admissible record evidence creating material factual disputes; privilege and public-concern context also supported judgment |
| Intentional and negligent infliction of emotional distress (old claims) | Conduct by Moreau was outrageous and intentional, causing severe emotional harm | Negligent IIED limited classes (zone of danger/bystanders) for negligent claims; IIED requires extreme/outrageous conduct plus physical symptomatology | Negligent claims fail as a matter of law (plaintiffs not in recognized classes). IIED fails for lack of evidence of required severe physical symptomatology and insufficient proof of extreme/outrageous conduct to create triable issue |
Key Cases Cited
- Hexagon Holdings, Inc. v. Carlisle Syntec Incorporated, 199 A.3d 1034 (R.I. 2019) (summary-judgment standard; de novo review)
- Goodrow v. Bank of America, N.A., 184 A.3d 1121 (R.I. 2018) (transactional rule for res judicata)
- Kirshenbaum v. Fidelity Federal Bank, F.S.B., 941 A.2d 213 (R.I. 2008) (complexity of facts does not preclude summary judgment)
- Wilson v. Moreau, 492 F.3d 50 (1st Cir. 2007) (appellate disposition of underlying federal claims)
- Nedder v. Rhode Island Hospital Trust National Bank, 459 A.2d 960 (R.I. 1983) (opposing party must direct court to specific portions of discovery to resist summary judgment)
- Swerdlick v. Koch, 721 A.2d 849 (R.I. 1998) (elements and physical-symptom requirement for intentional infliction of emotional distress)
- Gross v. Pare, 185 A.3d 1242 (R.I. 2018) (limitations on negligent infliction of emotional distress: zone-of-danger and bystander classes)
- Cullen v. Auclair, 809 A.2d 1107 (R.I. 2002) (defamation elements and question of law on defamatory meaning)