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Chandler v. Allen6/24/2003
Opinion Vote: AFFIRMED.
Smart, P.J. and Holliger, J. concur.
Opinion:
Ronald Chandler appeals the trial court's grant of summary judgment in favor of Mark Allen, Dave Mosby, Linward Appling, and Ronald Moteni (Respondents) on his claims of tortious interference with employment relationship, wrongful termination, and denial of equal protection. Mr. Chandler is a convicted violent sex offender whose job was terminated because of his conviction. The judgment of the trial court is affirmed.
Facts
Ronald Chandler was an employee of the vendor operating a cafeteria, the Broadway Deli, in the Broadway State Office Building in Jefferson City. The vendor was selected by the Rehabilitation Services for the Blind (RSB) pursuant to the RSB's contract with the Board of Public Buildings, which has general supervision and charge of certain state buildings including the Broadway State Office Building. The Division of Facilities Management is the executive arm of the Board of Public Buildings. Lin Appling is the Director of the Office of Administration Division of Facilities Management; Mark Allen is the Assistant Director of the Office of Administration Division of Facilities Management; Dave Mosby is the Capitol Complex Operations Manager of the Office of Administration Division of Facilities Management; and Ronald Molteni is an Assistant Attorney General for the State of Missouri.
Like the Broadway Deli, the Missouri Attorney General's office is a tenant in the Broadway State Office Building. On October 29, 2001, Mr. Molteni communicated to Mr. Allen that the Broadway Deli was employing Mr. Chandler, a registered sex offender, who had an extensive criminal background that included sex offenses involving the use of weapons and coercive force against women who were strangers to him. Thereafter, Mr. Allen made a request by letter to the RSB that Mr. Chandler be removed from service. Mr. Mosby signed the letter on Mr. Allen's behalf. Mr. Allen made such request based on safety concerns resulting from the violent nature of Mr. Chandler's past conduct and his access to the building and its employees and access to various culinary tools in the cafeteria where he worked that could be used as weapons. Thereafter, the vendor terminated Mr. Chandler's employment.
Mr. Chandler sued Respondents claiming interference with his employment relationship, wrongful termination, and denial of equal protection. Respondents filed an answer to Mr. Chandler's petition and a motion for summary judgment. The trial court granted Respondents' motion for summary judgment. It found that (1) Respondents were entitled to summary judgment on the tortious interference with employment relationship claim because Mr. Allen was justified in requesting that Mr. Chandler be removed from service; (2) Respondents were entitled to summary judgment on the wrongful termination claim because Mr. Chandler was neither employed nor terminated from his employment by Respondents; (3) Respondents were entitled to summary judgment on Mr. Chander's claim that Respondents denied him equality under the law because Mr. Chandler failed to allege any similarly situated person treated differently than himself; and (4) Respondents were immune from Mr. Chandler's claims under the official immunity doctrine. This appeal by Mr. Chandler followed.
Standard of Review
Appellate review of the grant of summary judgment is de novo. ITT Commercial Fin. Corp. v. Mid-Am. Marine Supply Corp. , 854 S.W.2d 371, 376 (Mo. banc 1993) . Summary judgment will be upheld on appeal if the movant is entitled to judgment as a matter of law and no genuine issues of material fact exist. Id. at 3
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