MacKerron v. Madura, 474 A.2d 166 (Me. 1984). · Go Syfert
MacKerron v. Madura, 474 A.2d 166 (Me. 1984). Cases Citing This Book View Copy Cite
28 citation events (7 in the last 25 years) across 4 distinct courts.
Strongest positive: Gomes v. University of Maine System (med, 2004-02-23)
Treatment trajectory · 1986 → 2026 · click a year to view as-of
1986 2006 2026
Top citers, strongest first. 10 distinct citers. How cited ↗
discussed Cited as authority (rule) Gomes v. University of Maine System
D. Me. · 2004 · confidence medium
Since it sounds in negligence, Count IX does not allege intentional harm under MacKerron v. Madura, 474 A.2d 166, 167 (Me.1984) (discussed below); however, the remaining allegations of Count IX do not further illuminate the factual grounds for the cause of action.
cited Cited as authority (rule) Selby v. Cumberland County
Me. · 2002 · confidence medium
MacKerron v. Madura, 474 A.2d 166, 167 (Me.1984) (clarified and distinguished in Polley v. Atwell, 581 A.2d 410, 414 (Me.1990)). 6 .
discussed Cited as authority (rule) Maguire v. Municipality of Old Orchard Beach
D. Me. · 1992 · confidence medium
This Court has noted that the Law Court has held that “the discretionary function exception to the MTCA, section 8111(1)(C), provides no shield from liability for a police officer’s intentional harm to another.” Springer v. Seaman, 658 F.Supp. 1502, 1511 (D.Me.1987) (citing MacKerron v. Madura, 474 A.2d 166, 167 (Me.1984)), aff'd in part and rev’d in part on other grounds, 821 F.2d 871 (1st Cir.1987).
discussed Cited as authority (rule) Polley v. Atwell (2×) also: Cited "see, e.g."
Me. · 1990 · confidence medium
MacKerron v. Madura, 474 A.2d 166, 167 (Me.1984).
discussed Cited as authority (rule) Miller v. Szelenyi
Me. · 1988 · confidence medium
Cunningham v. Haza, 538 A.2d 265, 267 (Me.1988); MacKerron v. Madura, 474 A.2d 166, 167 (Me.1984); see also Robinson v. Washington County, 529 A.2d 1357, 1360-61 (Me.1987) (governmental immunity is an affirmative *1021 defense).
discussed Cited as authority (rule) Darling v. Augusta Mental Health Institute
Me. · 1987 · confidence medium
We refer here to the statutory provisions that governed defendants’ conduct in this action when the claim arose. 6 .Compare MacKerron v. Madura, 474 A.2d 166, 167 (Me.1984), where we held that the discretionary function immunity would not protect a police officer who intentionally harms another party.
discussed Cited as authority (rule) Aspen Exploration Corp. v. Sheffield
Alaska · 1987 · confidence medium
See Hendrix v. City of Topeka, 231 Kan. 113 , 643 P.2d 129, 134-35 (1982); Thompson v. Huecker, 559 S.W.2d 488, 494-97 (Ky.App.1977); Mackerron v. Madura, 474 A.2d 166, 167 (Me.1984); Koch v. Grimminger, 192 Neb. 706 , 223 N.W.2d 833, 834-35 (1974); Neal v. Donahue, 611 P.2d 1125 at 1129-31 (Okl.1980); Dubree v. Commonwealth, 393 A.2d 293, 293-96 (Pa.1978); Sioux Falls Construction v. City of Sioux Falls, 297 N.W.2d 454, 458-59 (S.D.1980); Clipse v. Gillis, 20 Wash.App. 691 , 582 P.2d 555, 557-58 (1978); Lister v. Board of Regents of University of Wisconsin System, 72 Wis.2d 282 , 240 N.W.2d 6…
cited Cited as authority (rule) Springer v. Seaman
D. Me. · 1987 · confidence medium
Id. at 167.
cited Cited "see" True v. Ladner
Me. · 1986 · signal: see · confidence high
See MacKerron v. Madura, 474 A.2d 166, 167 (Me.1984). 4 .
discussed Cited "see, e.g." Moore v. City of Lewiston (2×)
Me. · 1991 · signal: see, e.g. · confidence medium
See, e.g., MacKerron v. Madura, 474 A.2d 166, 167 (Me.1984) (police interference with attorney-client relationship outside scope of official duties); Kane v. Anderson, 509 A.2d 656, 657 (Me.1986) (execution of arrest warrant is ministerial, not discretionary act).
Retrieving the full opinion text from the archive…
Neil D. MacKERRON
v.
Peter MADURA
Supreme Judicial Court of Maine.
Mar 30, 1984.
474 A.2d 166
Neil D. MaeKerron, pro se (orally)., Bernstein, Shur, Sawyer & Nelson, Christopher L. Vaniotis (orally), Portland, for defendant.
McKusick, Roberts, Violette, Wathen, Glassman, Scolnik.
Cited by 14 opinions  |  Published
WATHEN, Justice.

Plaintiff Neil D. MaeKerron appeals from an order of the Superior Court (Cumberland County) granting defendant’s motion for summary judgment. The Superior Court ruled that the defendant police officer is immune from civil liability by virtue of the Maine Tort Claims Act, 14 M.R.S.A. § 8111(1)(C) (1980). Plaintiff argues on appeal that the Superior Court erred in finding no genuine issue as to any material fact and, alternatively, that the court misinterpreted the immunity provision of section 8111(1)(C). We conclude that the Superior Court erred in holding that governmental employees are immune from liability for their intentional torts and therefore we sustain the appeal.

The underlying facts are set forth in our prior opinion, MacKerron v. Madura, 445 A.2d 680 (Me.1982). We held previously that the complaint filed by plaintiff, an attorney in Bridgton, stated a cause of action against defendant, a Bridgton police officer, for tortious interference with an economic relationship. On remand defendant moved for summary judgment, arguing that his allegedly tortious conduct occurred during the performance of a “discretionary” police function for which the Maine Tort Claims Act provides immunity.

The facts at issue for purposes of the motion were those developed in depositions. Plaintiff’s alleged client, Leslie Mercer, testified at his deposition that defendant told him if he were not represented by a lawyer,[*167] defendant would put in a good word for him before the judge and would speak to the district attorney about dropping an OUI charge. According to the client, defendant further stated that if he were represented by plaintiff, there would be nothing defendant could do for him. Defendant’s deposition testimony regarding this conversation is essentially the same. We agree with the Superior Court that there is no genuine issue as to any facts material to the affirmative defense of immunity, and that the only question is whether defendant is immune as a matter of law under section 81H(1)(C).

The Maine Tort Claims Act speaks directly to negligence and limits recovery against an employee in those instances where the State is immune from liability, by providing that the State employee shall be personally liable for his negligent acts, or omissions, but only to a limit of $10,000.00, “[ejxcept as otherwise expressly provided by section 8111 or by any other statute.” 14 M.R.S.A. § 8103(3) (1980). Defendant argues that the “discretionary function” exception under section 8111(1)(C) [1] grants him immunity from liability for intentional interference with an economic relationship. The term “discretionary function” is derived from the common law immunity afforded a governmental entity and public officers in their discretionary functions. Compare 14 M.R.S.A. § 8111 with Restatement (Second) of Torts § 895D (1979). Prior to the Tort Claims Act, police officers in Maine were held liable for their intentional torts committed in the course of employment. See, e.g., Bale v. Ryder, 290 A.2d 359 (Me.1972) (action against policeman for false arrest and assault and battery); Caffini v. Hermann, 112 Me. 282, 91 A. 1009 (1914) (action against policeman for assault and battery in using excessive force during arrest). No immunity is afforded by section 8111(1)(C) to a municipal police officer who intentionally interferes with an economic relationship by “threats that he would not seek to have the complaint against Mercer dismissed if plaintiff continued to represent Mercer.” Section 8111(1)(C) may protect the good faith but negligent exercise of a police officer’s judgment in the performance of his public duties but it does not shield him from liability for intentionally imposing harm on another party. See, Restatement (Second) of Torts § 895D comment e (1979).

The entry shall be:

Judgment vacated.

Remanded for entry of an order granting judgment in favor of plaintiff on the affirmative defense of immunity and for further proceedings consistent with the opinion herein.

All concurring.

1

. The relevant portion of the statute reads as follows:

C. The performance or failure to exercise or perform a discretionary function or duty, whether or not the discretion is abused; and whether or not the statute, charter, ordinance, order, resolution, regulation or resolve under which the discretionary function or duty is performed is valid.