415 P.3d 1264
Wyo.2018Background
- Parents (the Whithams) sued Park County School District #1 and three employees (Feller, Boggio, Haire) alleging multiple torts arising from incidents with their six-year-old son at school between Oct 2015–Feb 2016.
- Allegations included negligence, battery, child endangerment, assault, false reporting, intentional infliction of emotional distress, and related respondeat superior claims against the district.
- The complaint expressly alleged the employees acted in their official capacities and within the scope of their employment for multiple counts.
- Defendants moved to dismiss under W.R.C.P. 12(b)(6) asserting immunity under the Wyoming Governmental Claims Act (WGCA).
- The district court dismissed the complaint with prejudice, concluding WGCA immunity applied and no statutory exception applied; plaintiffs appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether employees were immune under WGCA because they acted within scope of duties | Whithams: alleged policy violations and possible criminal acts show employees acted outside scope, so no immunity | Appellees: complaint expressly alleges employees acted in official capacity/within scope, so WGCA immunity applies | Court: Plaintiffs expressly alleged employees acted within scope; that controls — WGCA immunity applies |
| Whether dismissal should be without prejudice instead of with prejudice | Whithams: dismissal with prejudice improper; should allow amendment | Appellees: Rule 41(b) presumes adjudication on merits absent specific carve-outs | Court: No persuasive argument or pending amendment; dismissal with prejudice stands under Rule 41(b) |
Key Cases Cited
- Krenning v. Heart Mountain Irr. Dist., 200 P.3d 774 (Wyo. 2009) (an express allegation that an employee acted within scope of employment forecloses treating complaint as alleging acts outside scope)
- Kanzler v. Renner, 937 P.2d 1337 (Wyo. 1997) (acts outside scope mean individual, not official, capacity — "scope of duties" and "official capacity" align for immunity analysis)
- SH v. Campbell County School Dist. No. 9, 409 P.3d 1231 (Wyo. 2018) (recognizing WGCA applies to school districts)
- Fugle v. Sublette County School Dist., 353 P.3d 732 (Wyo. 2015) (WGCA governs tort claims against school districts and their employees)
- Rissler & McMurry Co. v. State, 917 P.2d 1157 (Wyo. 1996) (standards for W.R.C.P. 12(b)(6) dismissal review)