Kanzler v. Renner
12 I.E.R. Cas. (BNA) 1700, 1997 Wyo. LEXIS 75, 937 P.2d 1337 (1997)
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Rule of Law:
A persistent pattern of escalating sexual harassment and intimidation in the workplace can constitute 'extreme and outrageous' conduct sufficient to support a claim for intentional infliction of emotional distress. A public official is not entitled to qualified immunity for such conduct because sexual misconduct falls outside the scope of their official duties.
Facts:
- Sharon Kanzler, a police dispatcher, and David Renner, a police officer, were co-workers at the Cheyenne Police Department.
- Beginning in mid-March 1991, Renner engaged in a six-week campaign of unwelcome behavior toward Kanzler.
- On one occasion, Renner used his squad car to follow Kanzler home from her late-night shift, speeding up behind her and then stopping abruptly in front of her house, frightening her.
- At their workplace, Renner frequently stared at Kanzler, made unwelcome advances, and on one occasion grabbed her and attempted to slow dance with her after she had rebuffed him.
- On May 1, 1991, Renner followed Kanzler into a utility closet, shut the door, and physically grabbed her as she tried to call for help on a radio.
- Later that same night, Renner approached Kanzler at her dispatch console and rubbed his crotch against her leg.
- As a result of Renner's conduct, Kanzler was diagnosed with depression and post-traumatic stress disorder, used all her leave, and ultimately resigned from her job.
Procedural Posture:
- Sharon Kanzler filed suit against David Renner and the City of Cheyenne in the U.S. District Court for the District of Wyoming, asserting claims of sexual harassment under Title VII and a state law claim against Renner for intentional infliction of emotional distress (IIED).
- The federal district court granted summary judgment in favor of Renner on both the Title VII and IIED claims.
- Kanzler appealed the summary judgment against Renner to the U.S. Court of Appeals for the Tenth Circuit.
- The Tenth Circuit affirmed the summary judgment on the Title VII claim but reversed on the IIED claim, dismissing it without prejudice to allow Kanzler to refile it in state court.
- Kanzler filed an IIED claim against Renner in a Wyoming state district court (a court of first instance).
- The state district court granted Renner's motion for summary judgment, ruling that his conduct was not sufficiently outrageous and that he was entitled to qualified immunity.
- Kanzler, as appellant, appealed the state district court's grant of summary judgment to the Supreme Court of Wyoming.
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Issue:
Does a police officer's pattern of unwelcome sexual advances, stalking, and physical assault against a co-worker constitute extreme and outrageous conduct sufficient to sustain a claim for intentional infliction of emotional distress and fall outside the scope of duties protected by qualified immunity?
Opinions:
Majority - Lehman, Justice
Yes. A persistent pattern of escalating sexual harassment can constitute extreme and outrageous conduct, and a public official engaging in such misconduct acts outside the scope of his duties and is therefore not entitled to qualified immunity. The court adopted the Restatement (Second) of Torts § 46 definition of intentional infliction of emotional distress (IIED), which requires 'extreme and outrageous conduct.' While the court makes a preliminary determination of outrageousness, it becomes a question for the jury where reasonable people may differ. The court identified several factors to evaluate outrageousness in workplace sexual harassment cases, including repeated incidents and unwelcome physical contact, both of which were present here. Kanzler's allegations, if proven, go beyond 'mere insults, indignities and petty oppressions' and could be found outrageous by a jury. Furthermore, Kanzler presented sufficient evidence of severe emotional distress, including diagnoses of post-traumatic stress disorder and depression from multiple experts. Finally, qualified immunity does not apply because it requires the official to be acting within the scope of his duties, and sexual misconduct is not within the scope of a police officer's duties.
Concurring - Thomas, Justice
Yes. I concur with the result, but write separately to express concern over the development of this area of law. I agree with the outcome because Renner's conduct, in addition to sexual misconduct, amounted to stalking. However, I caution that trial courts must not abandon their gatekeeping role in determining whether conduct is sufficiently outrageous as a matter of law. This decision should not be interpreted as establishing an automatic rule that every claim involving sexual misconduct is sufficiently outrageous to warrant a jury trial; the inquiry must remain fact-specific.
Analysis:
This case is significant for formally recognizing in Wyoming that a severe pattern of sexual harassment in the workplace can constitute the tort of intentional infliction of emotional distress. By outlining a multi-factor framework for assessing 'outrageousness,' the decision provides crucial guidance for lower courts in evaluating similar claims. Furthermore, the ruling on qualified immunity clarifies that sexual misconduct is a personal act, not an official one, thereby preventing public employees from using their official status as a shield against liability for such torts and promoting greater accountability.
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