Luther C. Parente v. Nelson Lefebvre

Summary

The Supreme Court of Rhode Island answered a question certified by the First Circuit, holding that discrimination claims under the Rhode Island Civil Rights Act of 1990 (RICRA) are 'actions of tort' under the State Tort Claims Act (STCA) and therefore fall within the STCA's broad waiver of sovereign immunity. Applying the STCA's plain language and the Court's broad definition of a tort as a civil wrong encompassing injury to person or property, the Court reasoned that RICRA defines a legal duty and authorizes compensatory and exemplary damages for its breach, making a RICRA discrimination claim an injury to the person analogous to negligence or medical malpractice and consistent with federal treatment of civil-rights claims as sounding basically in tort. Justice Goldberg participated in the decision but retired prior to its publication. Justice Robinson concurred without enthusiasm, agreeing with the affirmative answer on stare decisis grounds and viewing the Court's recent tort-definition precedent as the most compelling authority.