Lead Opinion
OPINION
Antoinette Deyo and Virginia Kelly, respondents, were arrested by Minneapolis police officers in the early morning hours of September 29, 1991. A fracas between the appellant officers and the respondent arrestees ensued and respondents brought suit against appellants, officers Daniel Wells and David Roiger, as well as other police officers and the City of Minneapolis, alleging a wide variety of police misconduct including intentional infliction of emo
The court of appeals reversed in part, holding official immunity was not available because the finding of no malice was inconsistent with the finding of intentional infliction of emotional distress and therefore the absence of malice finding must be set aside. The court further held that the doctrine of official immunity did not apply to the “gratuitous cruelty” inflicted by the officers and therefore appellants were not entitled to official immunity. Kelly v. City of Minneapolis,
Appellant Daniel Wells, a City of Minneapolis police officer, was dispatched to 2932 Humboldt Avenue North at approximately 1:30 a.m. on September 29, 1991 to investigate a report of a loud party, but upon arrival Wells could not determine from which house the noise was coming. Respondent Antionette Deyo was hosting an anniversary party for her brother and his wife that evening at her house at 2934 Humboldt Avenue North. Deyo was outside when Officer Wells arrived and approached him when she noticed that he looked confused. Wells told her that he was investigating a complaint of a noisy party, whereupon Deyo told him that she was hosting a party at 2934. Wells believed the noise was coming from Deyo’s house and asked her to accompany him to his squad car so he could give her a copy of the city’s noise ordinance. Wells was unable to find a copy of the ordinance, however. When Deyo refused to give Wells her name, Wells asked her to sit in the back of the squad car while he wrote her a citation for violating the ordinance. Deyo got in the car but kept her left foot on the pavement. Wells tapped her calf with his hand and told her to move her leg into the car — Deyo then attempted to get out of the car.
Two distinct versions of what happened next were presented to the jury. Wells testified that when he put his hands on Deyo’s shoulders in an attempt to push her back into the car, she attacked him by scratching behind his ear and pulling his sweater up over his eyes. He then scuffled with Deyo and pushed her to the ground but let go of her when she started screaming that she was being raped.
Deyo had a different account. She testified that she had a friend’s car keys in her hand and asked Wells if she could return them as she got out of the squad car, whereupon Wells twisted her arm and choked her saying “I will put you out.” A neighbor testified that she heard Wells call Deyo a “black bitch” during the scuffle, and there was disputed testimony as to whether or not Deyo’s breasts were exposed as she ran into her house.
Believing that he had been assaulted, Wells called for assistance to arrest Deyo. Several squad cars responded within minutes and the responding officers included appellant David Roiger. Wells, who by then was bleeding from scratches to his neck and ear, described Deyo to his fellow officers as a black woman wearing long black braids and a black suit-coat jacket and black pants.
The officers then entered the house in search of Deyo. Roiger testified that respondent Kelly attempted to slam the door shut on the officers as they were entering and was hostile to the officers as they looked for Deyo among the party guests.
Another officer in the kitchen identified Deyo from the description given by Wells and held her from behind until Wells could identify and handcuff her. Deyo did not resist arrest and was led out of the house and placed in Wells’ squad car. Respondents testified that Deyo’s breasts were exposed as she was being led off, transported, and booked at the jail. Wells testified that Deyo was wearing a low-cut jacket but denied that her breasts were exposed.
Respondents
The claims of assault, battery, intentional infliction of emotional distress, unlawful arrest, false imprisonment, excessive force, wrongful entry into Deyo’s residence, conspiracy to violate respondents’ constitutional rights,' racial discrimination, and unreasonable delay of medical treatment were submitted to a 6-member jury. The jury was given an 81-question special verdict form, requiring findings as to whether each defendant had committed each claimed offense and, if so, whether the offense had been committed with malice. The jury found no liability for any of the four defendants on the claims of assault, battery, unlawful arrest, false imprisonment, excessive force, wrongful entry into Deyo’s residence, conspiracy, discrimination on the basis of race, wrongful arrest, and denial of medical care, and that a reasonable and prudent officer in the position of Wells, Roiger and Stocke could reasonably have believed he had lawful
The trial court included in the special verdict form on an advisory basis questions relating to the claims of racial discrimination and from the jury’s response, the court concluded that none of the officers had violated the Minnesota Human Rights Act. The trial court held that because appellants did not act with malice they were shielded from liability by official immunity.
On review the court of appeals held that a finding of intentional infliction of emotional distress “[ajlmost invariably * * * meets the definition of malice.” Kelly,
I.
The first issue raised by appellants is whether the court of appeals erred in determining that there was an inconsistency between the jury’s finding that Wells and Roiger intentionally inflicted emotional distress but did not act with malice, necessitating setting aside the finding of lack of malice. We held long ago that a special verdict form is to be liberally construed to give effect to the intention of the jury and on appellate review it is the court’s responsibility to harmonize all findings if at all possible. Reese v. Henke,
An analysis of whether the jury’s finding that appellants engaged in intentional infliction of emotional distress is inconsistent with a finding of no malice starts with the fundamentals of each element of the alleged tortious conduct. In Hubbard v. United Press Int’l, Inc.,
Malice, on the other hand, requires proof of a wrongful invasion of the rights of another. In Rico v. State,
In the exercise of our responsibility on appellate review to determine if there is any rational basis to harmonize the jury’s findings and after careful review of the record, we conclude the jury could have believed that appellants committed intentional infliction of emotional distress but acted without malice under at least two theories. First, the jury could have found that in the brawl leading to the arrests the conduct of appellants was reckless rather than intentional, and the lack of intent would preclude a finding of malice under the jury’s instructions; or, the jury could have found that appellants’ behavior, although outrageous, was justified under the circumstances and therefore could not be malicious.
Considering the substantial evidence provided to the jury, the number of witnesses who testified, often giving totally inconsistent accounts of the melee, and the detailed findings of the jury favorable to appellants, with the sole exception of the intentional infliction of emotional distress, either basis for rationalizing the verdict is reasonable. The first theory is supported by appellants’ testimony that the scene was tense and the police officers were concerned for their own safety and acted accordingly. This testimony also supports the second theory, as does the jury finding that appellants did not use excessive force in making the arrests and that they reasonably believed that they had lawful authority to do so.
As our review is limited to whether a reasonable jury could have rendered the verdict it did given the evidence presented, and we conclude that it could, we hold that the court of appeals erred in vacating the jury’s finding of absence of malice.
We next turn to the question of whether the conduct of appellants, found by the jury to constitute intentional infliction of emotional distress, is subject to official immunity. In general, a public official charged by law with duties calling for the exercise of discretion is not personally liable to an individual for damages. See Susla v. State,
Ministerial duties are “absolute, certain, and imperative, [and] in-volv[e] merely execution of a specific duty arising from fixed and designated facts.” Cook v. Trovatten,
While official duties of police officers are broadly considered discretionary, see, e.g., Elwood,
Turning once again to the jury findings, with the exception of intentional infliction of emotional distress, Wells and Roiger were exonerated of every tort claim asserted against them — assault, battery, unlawful arrest, false imprisonment, excessive force, wrongful arrest, denial of medical care, and wrongful entry into Deyo’s residence. We conclude on the basis of these findings that respondents’ claim of police brutality was implicitly if not explicitly rejected by the jury.
III.
We reverse the court of appeals and reinstate the jury finding that appellants acted without malice when they engaged in intentional infliction of emotional distress, and that in the absence of malice, official immunity is applicable to the conduct of public officials performing discretionary duties.
Reversed.
Notes
. Party attendee Kenneth Dukes was originally a plaintiff in this action, but was dismissed from the suit prior to trial.
. Appellants brought suit against other police officers as well, but do not appeal the jury verdict finding of no wrong doing on the part of the other officers.
. The trial court relied upon Greiner v. City of Champlin,
. The dissent apparently does not disagree with our conclusion that the verdict can be
. Whether an action is discretionary or ministerial is a question of law for the court, but whether an officer acted maliciously is usually a question of fact for the jury. See Elwood,
. The dissent cites a variety of lurid allegations made by respondents involving offensive language and exposure of Deyo’s breasts during the arrest as conduct surely not qualifying for immunity because of its despicable nature. If the jury had found these allegations to have been proven, the dissent would no doubt be correct, but the jury’s findings clearly indicate these allegations were rejected. We cannot read into the findings something that is not there.
. Respondents have filed a motion to strike portions of appellants’ brief, appendix and supplemental record. Because we have not considered any of the contested material in reaching our decision, we need not respond to respondents' allegations that the material is not properly before us.
Dissenting Opinion
(dissenting).
I respectfully dissent. I believe that the court errs first in affirming a perverse verdict and second in granting appellants immunity for actions that clearly exceeded the bounds of their discretionary authority. I would remand the case for a new trial.
I.
Respondents in this case alleged that appellants were physically abusive toward them, called them racist and sexist names, unlawfully arrested them, and exposed one of the respondent’s breasts for an extended period of time. The jury specifically found that the officers did not use excessive force, that the officers did not act discriminatorily, and that the arrests of respondents were lawful and reasonable. Based on these findings, the trial court further found that respondents did not violate the Minnesota Human Rights Act, Minn.Stat. § 363.03, subd. 4 (1998). These findings indicate a clear disbelief of each of respondents’ allegations.
However, the jury did not reject all of respondents’ claims. Instead, the jury found that appellants had intentionally inflicted emotional distress upon respondents. To find that appellants engaged in intentional infliction of emotional distress, the jury must have believed at least some of respondents’ allegations. Thus, the specific findings of no wrongdoing are perverse when considered in contrast to the finding of intentional infliction of emotional distress.
The jury’s answers to the special verdict form are wholly inconsistent, and clearly indicate a compromise verdict. Where a jury’s verdict is based on compromise rather than on the law as instructed by the trial court, a new trial should be ordered. See, e.g., Schore v. Mueller,
II.
The court next holds that appellants’ actions were discretionary and the claims for intentional infliction of emotional dis
Intentional infliction of emotional distress requires a finding that the defendant recklessly or intentionally engaged in “extreme and outrageous” conduct “so atrocious that it passes the boundaries of decency and is utterly intolerable to the civilized community.” Id. The conduct must have resulted in emotional distress “so severe that no reasonable man could be expected to endure it.” Hubbard v. United Press Int’l, Inc.,
Malice has a much lower standard of proof than that required for intentional infliction of emotional distress. It requires a finding of “nothing more than the intentional doing of a wrongful act without legal justification or excuse.” Rico v. State,
The court’s rationale in its attempt to reconcile the contradictory findings of intentional infliction of emotional distress and the absence of malice is based on two possibilities: (1) the jury determined that appellants’ behavior was reckless rather than intentional, or (2) the jury determined that the police were legally justified in their actions. If the jury’s findings were, as the court implies, based on the “brawl,” the court’s reconciliation of these findings may have been appropriate. However, this court is in no position to conclude that the jury’s finding of intentional infliction of emotional distress was based on the physical altercation when the jury specifically found that appellants did not use excessive force or commit assault or battery. Instead, the finding of intentional infliction of emotional distress could have been based on the use of racist and sexist names or the exposure of one of the respondent’s breasts, although again we cannot so conclude due to the multiple contradictory findings.
The court’s attempt to reconcile the intentional infliction of emotional distress finding by determining that appellants’ behavior in the brawl was reckless rather than intentional is improper. A person does something intentionally if he acts “purposely, and not accidentally,” or “if he desires to cause consequences of his act or he believes consequences are substantially certain to result.” Black’s Law Dictionary 810 (6th ed.1990). Undoubtedly, calling an individual derogatory racist and sexist names is intentional rather than reckless. See City of Minneapolis v. Richardson,
The court’s attempt to reconcile the verdict by assuming that the jury determined that appellants were, under the circumstances, legally justified in their behavior is similarly flawed. No officer could believe himself to be legally justified in calling a suspect such derogatory racist and sexist names. “The use of [derogatory name-calling] has no place in the civil
I do not intend to imply that we can actually ascertain why the jury answered the special verdict form the way it did. Any factual conclusion by us regarding the basis for the jury’s finding of intentional infliction of emotional distress would itself be inconsistent with the jury’s inconsistent findings, and thus would be inappropriate. However, the court in this case concludes that the jury’s finding of intentional infliction of emotional distress was based solely on the physical altercation, a fact contradictory to the jury’s findings of no excessive force, assault, or battery. The court of appeals similarly erred in reversing the jury’s finding of no malice and concluding that the finding of intentional infliction of emotional distress was based on the use of racist and sexist names and the extended exposure of respondent’s breasts, a fact contradictory to the jury’s finding of no discrimination. Just as it is improper to conclude that the jury based its finding of intentional infliction of emotional distress on the allegations of name-calling and exposure, it is also improper for this court to imply that the jury’s finding was based solely on the physical altercation. Instead, there is no way to justify either conclusion based on the jury’s inconsistent findings.
The court’s conclusion that the officers are entitled to official immunity for their actions because the jury found that they acted without malice also avoids our traditional official immunity analysis. “The starting point for analysis of an immunity question is identification of ‘the precise governmental conduct at issue.’ ” Gleason v. Metropolitan Council Transit Ops.,
The doctrine of official immunity was designed to “protect[ ] public officials from the fear of personal liability that might deter independent action and impair effective performance of their duties.” Elwood v. Rice County,
An officer’s conduct involving racial and gender bias is, by its very nature, malicious conduct. This conduct has never been shielded by the doctrine of official immunity. In order for official immunity to protect public officials, the officials, at the time of the conduct, must not have had “reason to know that the challenged conduct [was] prohibited.” See Rico,
Granting police officers official immunity for engaging in such conduct does nothing to further their ability to effectively perform their duties. The court attempts to justify its granting of official immunity through “appellants’ testimony that the scene was tense and the police officers were concerned for their own safety and acted accordingly.” However, concern for one’s safety does not justify such behavior. Quite the contrary, such name-calling and demeaning actions in an already tense situation can only serve to escalate the existing conflict. Accordingly, the use of such names by police officers has no place in governmental conduct. See Richardson,
I would remand this case for a new trial. Furthermore, should the new trial result in a finding of intentional infliction of emotional distress as a result of the name-calling and exposure, I would hold that the doctrine of official immunity is not applicable to such acts.
Dissenting Opinion
(dissenting).
I join in the dissent of Justice Gilbert.