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Johnson v. Newport County Chapter for Retarded Citizens6/19/2002
This case came before the Court for oral argument on April 16, 2002, on appeal by Richard E. Johnson, Jr. (Johnson or plaintiff) from an order granting summary judgment in favor of defendants, Newport County Chapter for Retarded Cit izens, Inc., Newport County Chapter for Retarded Citizens, Inc./Bristol County Developmental & Training Center, Newport County Chapter for Retarded Citizens, Inc./James L. Maher Center, John H. Maher, d/b/a James L. Maher Center (Newport or defendants).
Facts and Travel
Richard Johnson served, without incident, as a residential instructor at Newport from August 1988 until the fall of 1990, when Dale-Ann Aubrey (Aubrey) became his supervisor. The record discloses that Aubrey began to initiate unwanted sexual advances and inappropriate sexual remarks toward Johnson, despite the fact that he repeatedly told her that this conduct was unwelcome and he requested that this offensive behavior cease. Although Johnson sought assistance from defendants' employees and staff, Aubrey's harassing conduct continued through the fall of 1994, causing Johnson to suffer high blood pressure, pronounced weight loss, insomnia, depression, anxiety and suicidal thoughts. As a result, Johnson was diagnosed with an anxiety disorder and an acute stress reaction to his work environment and was advised by his primary care physician to take a medical leave of absence.
Johnson underwent advanced and aggressive mental health care, including psychiatric and psychological counseling. However, his condition worsened and he began to experience physical and mental manifestations, including hair loss, intense agoraphobia and severe and debilitating panic attacks. He was subsequently diagnosed with post-traumatic stress disorder. On May 18, 1995, Johnson filed a claim of discrimination against Newport with the Rhode Island Commission for Human Rights (the commission) and the Equal Employment Opportunity Commission (the EEOC), alleging both sexual harassment and sexual discrimination in connection with his employment at Newport. Pursuant to G.L. 1956 § 28-5-24.1, the commission subsequently issued a "Notice of Right to Sue" on May 17, 1997. Although plaintiff ultimately filed this action against defendants, he failed to institute suit within the ninety-day period set forth in § 28-5-24.1.
The defendants filed a motion for summary judgment in November 2000, based on plaintiff's failure to institute suit on a timely basis. The trial justice granted the motion and rejected plaintiff's claim that his alleged mental incapacity, incurred as a result of his hostile work environment, should serve to equitably toll the ninety-day statute of limitations. On appeal before this Court, plaintiff again argues that the ninety-day statute of limitations for commencing a civil suit under the Rhode Island Fair Employment Practices Act and the Rhode Island Civil Rights Act of 1990 should be equitably tolled based upon his severe and debilitative condition during this period.
The testimony submitted in opposition to defendants' motion for summary judgment included an affidavit of plaintiff's treating psychiatrist, Dr. Jonathan Wolston, M.D. (Dr. Wolston). Doctor Wolston testified that during the relevant ninety-day period, plaintiff suffered from extreme social phobias that caused excessive fear of contact with people, especially his former boss and that he was confused, overwhelmed and experienced blackouts and difficulty retaining information. Further, during this period, plaintiff attempted to commit suicide. It was Dr. Wolston's opinion that plaintiff's judgment was severely impaired to the extent that he was unable to comprehend or exercise his right to undertake lit
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