Saunders v. State, 446 A.2d 748 (R.I. 1982). · Go Syfert
Saunders v. State, 446 A.2d 748 (R.I. 1982). Cases Citing This Book View Copy Cite
67 citation events (33 in the last 25 years) across 11 distinct courts.
Strongest positive: Fajardo v. Sheridan (rid, 2023-02-16)
Treatment trajectory · 1984 → 2026 · click a year to view as-of
1984 2005 2026
Top citers, strongest first. 28 distinct citers.
cited Cited as authority (rule) Fajardo v. Sheridan
D.R.I. · 2023 · confidence medium
Saunders v. Rhode Island, 446 A.2d 748, 752 (R.I. 1982).
discussed Cited as authority (rule) Victoria Roach v. State of Rhode Island (2×)
R.I. · 2017 · confidence medium
See, e.g., Kuhl v. Perri, 706 A.2d 1328, 1329 (R.I. 1998) (mem.) (“[O]peration and * * * maintenance of a public school is a governmental function and not a proprietary one.”); Matarese v. Dunham, 689 A.2d 1057, 1058 (R.I. 1997) (“Maintenance of government buildings is plainly a governmental function * * *.”); Chakuroff v. Boyle, 667 A.2d 1256, 1258 (R.I. 1995) (“[T]he operation and the maintenance of a public school is a governmental function and not a proprietary one.”); Custom Flight Systems of New England, Inc. v. State, 641 A.2d 1324, 1324 (R.I. 1994) (mem.) (“[R]unning a pu…
discussed Cited as authority (rule) James Smallwood v. State of Tennessee
Tenn. Ct. App. · 2016 · confidence medium
App. Div.), app. denied, 76 N.Y.2d 711 , 565 N.E.2d 516 , 563 N.Y.S.2d 767 (1990); Williams v. Adams, 288 N.C. 501, 504 , 219 S.E.2d 198, 200 (N.C. 1975); Justice v. Rose, 102 Ohio App. 482 , 144 N.E.2d 303, 304 (Ohio Ct. App. 1957); Saunders v. State, 446 A.2d 748, 751 (R.I. 1982)).
discussed Cited as authority (rule) Kenneth E. King v. Anderson County, Tennessee (2×) also: Cited "see, e.g."
Tenn. · 2013 · confidence medium
And Corr., 90 Ohio Misc.2d 32, 39 (Ct. of Cl. 1997); Saunders v. State, 446 A.2d 748, 751 (R.I. 1982).
examined Cited as authority (rule) Kenneth E. King v. Anderson County, Tennessee (4×) also: Cited "see, e.g."
Tenn. · 2013 · confidence medium
And Corr., 90 Ohio Misc.2d 32, 39 , 695 N.E.2d 1248 (Ct. of Cl.1997); Saunders v. State, 446 A.2d 748, 751 (R.I.1982).
discussed Cited as authority (rule) J.R. v. Gloria
D.R.I. · 2009 · confidence medium
Calhoun and other cases suggest that if personal immunity protects a state actor, the state cannot be vicariously liable in tort under § 9-31-1 in any event. 390 A.2d at 357 (no liability if agent is immune from prosecution); Morales v. Town of Johnston, 895 A.2d 721, 728-29 (R.I.2006) (no town liability if negligent coaches have statutory immunity); Saunders v. State, 446 A.2d 748, 751-52 (R.I.1982) (if negligent state correctional officer was ‘‘not protected by personal immunity, the state would be liable under the doctrine of respondeat superior ”) (emphasis added). 28 .
discussed Cited as authority (rule) Giraldo v. Department of Corrections & Rehabilitation
Cal. Ct. App. · 2008 · confidence medium
(See, e.g., Sanchez v. State (N.Y.App.Div. 2007) 36 A.D.3d 1065 [ 827 N.Y.S.2d 338, 339 ] [“ ‘Having assumed physical custody of inmates, who cannot protect and defend themselves in the same way as those at liberty can, [defendant] owes a duty of care to safeguard inmates, even from attacks by fellow inmates’ . . . .”]; Kemp v. Waldron (N.Y.App.Div. 1985) 115 A.D.2d 869 [ 497 N.Y.S.2d 158, 159 ] [“correction officials have ‘a duty to provide inmates with reasonable protection against foreseeable risks of attack by other prisoners’ . . .”]; Saunders v. State (R.I. 1982) 446 A.2d…
discussed Cited as authority (rule) David Luke Harvey v. Dickson County, Tennessee
Tenn. Ct. App. · 2008 · confidence medium
Ct. App.1982), petition for review denied w/o op., 430 So.2d 452 (Fla. 1983); Lexington v. Greenhow, 451 S.W.2d 424, 425-26 (Ky. Ct. App. 1970); Parker v. State, 282 So.2d 483, 486 (La.), cert. denied, 414 U.S. 1093 , 94 S.Ct. 724 , 38 L.Ed.2d 550 (1973); Padgett v. State, 558 N.Y.S.2d 433, 434 (App. Div.), app. denied, 76 N.Y.2d 711 , 565 N.E.2d 516 , 563 N.Y.S.2d 767 (1990); Williams v. Adams, 288 N.C. 501, 504 , 219 S.E.2d 198, 200 (1975); Justice v. Rose, 102 Ohio App. 482 , 144 N.E.2d303, 304 (1957); Saunders v. State, 446 A.2d 748, 751 (R.I. 1982)).
discussed Cited as authority (rule) Salazar v. Collins
Tex. App. · 2008 · confidence medium
See B.R. v. State, 144 P.3d 431, 435 (Alaska 2006); Wertheim v. Pima County, 211 Ariz. 422 , 122 P.3d 1, 3-4 (Ariz.Ct.App.2005); Dep't of Health & Rehabilitative Servs. v. Whaley, 574 So.2d 100, 103-04 (Fla.1991); Thomas v. Williams, 105 Ga.App. 321 , 124 S.E.2d 409, 412-13 (1962); Haworth v. State, 60 Haw. 557 , 592 P.2d 820, 824-25 (1979); Bar *201 nard. v. State, 265 N.W.2d 620, 621 (Iowa 1978); Jackson v. City of Kansas City, 263 Kan. 143 , 947 P.2d 31, 40-41 (1997); Rowan County v. Sloas, 201 S.W.3d 469, 479 (Ky.2006); Brou v. Orleans Parish Criminal Sheriffs Office, 897 So.2d 817, 819-20…
discussed Cited as authority (rule) Morales v. Town of Johnston
R.I. · 2006 · confidence medium
In Saunders v. State, 446 A.2d 748, 750 (R.I.1982), this Court noted that when special circumstances bring to the state’s attention an identifiable group of persons at risk of harm, a special duty of care is owed.
discussed Cited as authority (rule) Gray v. Derderian
D.R.I. · 2005 · confidence medium
In response, the Rhode Island Supreme Court wrote, Consequently, in the event that a correctional officer employed by the state was guilty of negligence and was not protected by personal immunity, the state would be liable under the doctrine of respondeat superior for the negligence of its employee subject to the monetary limitation set forth in § 9-31-2. 446 A.2d at 752 (emphasis added).
discussed Cited as authority (rule) Simpson v. State, 01-2031 (2004)
Sup. Ct. R.I. · 2004 · confidence medium
"To succeed on a claim for negligence, `a plaintiff must establish a legally cognizable duty owed by a defendant to a plaintiff, a breach of that duty, proximate causation between the conduct and the resulting injury, and the actual loss or damage.'" Mills v. State Sales, Inc., 824 A.2d 461 , 468 (R.I. 2003) (quoting Jenard v. Halpin, 567 A.2d 368 , 370 (R.I. 1989)). "[P]rison officials owe a duty of ordinary or reasonable care to safeguard prisoners in their custody or control from attack by other prisoners." Saunders v. Rhode Island, 446 A.2d 748 , 750 (R.I. 1982) (citations omitted). "[T]hi…
discussed Cited as authority (rule) Carl Hanks v. State of Tennessee
Tenn. Ct. App. · 1999 · confidence medium
Ct. App. 1982), petition for review denied, 430 So.2d 452 (Fla. 1983); Saunders v. State, 446 A.2d 748, 751 (R.I. 1982); Parker v. State, 282 So.2d 483, 486 (La.), cert. denied, 414 U.S. 1093 , 94 S.Ct. 724 (1973); City of Lexington v. Greenhow, 451 S.W.2d 424, 425-26 (Ky.Ct.App. 1970); Generally speaking, there must be some prior notice of an attack.
discussed Cited as authority (rule) Housing Authority of Providence v. Oropeza
R.I. · 1998 · confidence medium
Ray Realty, 698 A.2d at 208 (adoption and application of a zoning ordinance); Chakurojf v. Boyle, 667 A.2d 1256, 1258 (R.I.1995) (per curiam) (operation and maintenance of a public school); Saunders v. State, 446 A.2d 748, 751 (R.I. 1982) (maintaining correctional facilities); Parent, 87 R.I. at 449 , 143 A.2d at 148 (housing authorities’ exercise of power to make investigations and power of eminent domain).
cited Cited as authority (rule) Washington v. State
Kan. Ct. App. · 1992 · confidence medium
App. 85, 89-90 , 545 P.2d 137 (1976); Saunders v. State, 446 A.2d 748, 750 (R.I. 1982); Annot., 41 A.L.R.3d 1021 , 1028-29.
cited Cited as authority (rule) Washington v. State
Kan. Ct. App. · 1992 · confidence medium
App. 85, 89-90 , 545 P.2d 137 (1976); Saunders v. State, 446 A.2d 748, 750 (R.I. 1982); Annot., 41 A.L.R.3d 1021 , 1028-29.
cited Cited as authority (rule) Jones v. State of RI
D.R.I. · 1989 · confidence medium
Moreover, in Saunders v. State, that Court held that the State could be held liable under the doctrine of respondeat superior for the negligence of an employee. 446 A.2d 748, 752 (R.I.1982).
discussed Cited as authority (rule) Pride Chrysler Plymouth, Inc. v. Rhode Island Motor Vehicle Dealers' License Commission
D.R.I. · 1989 · confidence medium
Laird v. Chrysler Corp., supra. Moreover, in Saunders v. State, the Court held that pursuant to § 9-31-1 the state can be liable in tort as an employer under the doctrine, of respondeat superior. 446 A.2d 748, 752 (R.I.1982).
cited Cited as authority (rule) Lepore v. Rhode Island Public Transit Authority
R.I. · 1987 · confidence medium
Saunders v. State, 446 A.2d 748, 751 (R.I.1982).
cited Cited as authority (rule) Martha L. Saunders, Administratrix of the Estate of Claude Saunders v. State of Rhode Island
1st Cir. · 1984 · confidence medium
Saunders, Administratrix v. State of Rhode Island, 446 A.2d 748, 750-52 (R.I. 1982).
cited Cited "see" Mucci v. Town of North Providence ex rel. Vallee
D.R.I. · 2011 · signal: see · confidence high
See Saunders v. State, 446 A.2d 748, 752 (R.I.1982) (holding that the state could be held liable under the doctrine of respondeat superior for its employee’s negligence).
cited Cited "see" Long v. State 99-0325 (2002)
Sup. Ct. R.I. · 2002 · signal: see · confidence high
See Sanders v. State, 446 A.2d 748 , 751 (R.I. 1982) (maintenance of correctional institution is a governmental function); See also Huhl v. Perrin, 706 A.2d 1328 (R.I. 1998) (school).
cited Cited "see" Doe v. McKenna, 94-7084 (1998)
Sup. Ct. R.I. · 1998 · signal: see · confidence high
See Saunders , 446 A.2d at 751 .
cited Cited "see" Chakuroff v. Boyle
R.I. · 1995 · signal: see · confidence high
See Saunders v. State, 446 A.2d 748, 751 (R.I.1982) (maintenance of a correctional institution is a governmental function, not a proprietary function).
discussed Cited "see, e.g." Gonsalves v. Clements
D.R.I. · 2021 · signal: see also · confidence medium
See Ouellette v. Beaupre, 977 F.3d 127, 140 (1st Cir. 2020); see also Saunders v. State, 446 A.2d 748, 751-52 (R.I. 1982) (holding that the state is vicariously liable where an employee performing a governmental function is “guilty of negligence and [is] not protected by personal immunity”).
cited Cited "see, e.g." Cooney v. Hooks
Minn. · 1995 · signal: see, e.g. · confidence medium
See, e.g., Saunders v. State, 446 A.2d 748, 751 (R.I.1982); Harris v. State, 61 N.J. 585 , 297 A.2d 561, 564-65 (1972); Summers v. Horton, 443 F.2d 225, 226 (4th Cir.1971).
discussed Cited "see, e.g." Catone v. Medberry
R.I. · 1989 · signal: see also · confidence low
See Kowalski v. Campbell, 520 A.2d 973 (R.I.1987) (no cause of action against state for negligently maintaining highway safety lines); Barratt v. Burlingham, 492 A.2d 1219 (R.I.1985) (no liability for police officer’s negligent failure to remove intoxicated driver from road); Knudsen v. Hall, 490 A.2d 976 (R.I.1985) (state not liable to motoring public in general for negligent maintenance of highway intersection); Orzechowski v. State, 485 A.2d 545 (R.I.1984) (parole board not liable for negligently paroling prisoner who injured member of general public); see also Saunders v. State, 446 A.2d…
discussed Cited "see, e.g." Donahoo v. State (2×)
Ala. · 1985 · signal: see also · confidence low
See also, Saunders v. State, 446 A.2d 748 (R.I.1982); County of Santa Barbara v. Superior Court, 15 Cal.App.3d 751 , 93 Cal. Rptr. 406 (1971); Evett v. City of Inverness, 224 So.2d 365 (Fla.Dist.Ct.App.1969) (police officer owed no duty to plaintiff's decedent who was killed by an intoxicated driver after the officer allowed him to continue driving on the public highways).
Martha L. SAUNDERS, Administratrix of the Estate of Claude Saunders
v.
STATE of Rhode Island Et Al.
80-560-Appeal.
Supreme Court of Rhode Island.
Jun 3, 1982.
446 A.2d 748
Thomas A. Tarro, III, Providence, for plaintiff., Dennis J. Roberts II, Atty. Gen., Eileen G. Cooney, Sp. Asst. Atty. Gen., for defendants.
Weisberger.
Cited by 46 opinions  |  Published

OPINION

WEISBERGER, Justice.

The United States District Court for the District of Rhode Island, acting pursuant to Sup.Ct.R. 6, has certified to us the following questions of law:

“1. Do the State of Rhode Island, its officers, and employees have a duty to exercise reasonable care to protect prisoners in state correctional institutions from violent attack by other inmates, or is their duty measured by some other standard of care? (Emphasis in original.) “2. In order to establish a violation of this duty, must a plaintiff prove any of the following: (Emphasis in original.)
“(a) That prison personnel knew, or had reason to anticipate, that the victim was in danger?
“(b) That prison personnel knew, or had reason to anticipate, that the aggressor might attack the victim?
“(c) That prison personnel knew, or had reason to anticipate, that the aggressor had dangerous propensities and/or was likely to be involved in a violent outburst?
“3. Is the State of Rhode Island liable on the theory of respondeat superior for the negligence of prison guards, which negligence was a proximate cause of the death of an inmate at the hands of another prisoner?”

These questions arise out of a civil action brought by Martha L. Saunders in her capacity as administratrix of the estate of Claude Saunders as a result of the fatal stabbing of Claude Saunders by fellow inmates on November 2, 1974. The plaintiff brought action in the United States District Court against the State of Rhode Island and against James W. Mullen, individually and in his capacity as warden of the Adult Correctional Institutions, in order to recover for a violation of her son’s civil rights pursuant to 42 U.S.C.A. § 1983 (1974). In addition, she joined a pendent claim for wrongful death under the law of the State of Rhode Island. (Originally five unidentified prison guards were joined as defendants. They were dropped as defendants when plaintiff failed timely to amend her complaint to identify them.)

After trial, the jury returned a verdict for both defendants on the civil rights claim. The trial judge had also submitted a set of special interrogatories to the jurors in[*750] respect to the claim for wrongful death. [1] Following the report of the jurors in respect to the interrogatories, the trial judge certified the foregoing questions of law to this court.

In the absence of a statute, nearly all courts that have considered the matter have concluded that prison officials owe a duty of ordinary or reasonable care to safeguard prisoners in their custody or control from attack by other prisoners. See, e.g., Matthews v. District of Columbia, 387 A.2d 731 (D.C.App.1978); Harris v. State, 61 N.J. 585, 297 A.2d 561 (1972); Upchurch v. State, 51 Haw. 150, 454 P.2d 112 (1969); Lamb v. Clark, 282 Ky. 167, 138 S.W.2d 350 (1940); annot. 41 A.L.R.3d § 4 at 1028 (1972); Restatement (Second) Torts § 320 at 130 (1965). Indeed, in the case at bar the Attorney General on behalf of defendants concedes that prison officials owe a duty of reasonable care to protect inmates in the custody of the warden of the Adult Correctional Institutions from attack by fellow inmates and urges that this court should respond to question No. 1 in the affirmative. As a consequence, we are of the opinion that question No. 1 should be answered in the affirmative.

In respect to the second question, the parties are in sharp disagreement. It is the contention of the state that there should be no liability on the part of the state or prison officials in the absence of actual or constructive notice that the inmate was in danger of being attacked. This principle has been recognized in Muniz v. United States, 280 F.Supp. 542 (S.D.N.Y.1968); Johnson v. United States Government, 258 F.Supp. 372 (E.D.Va.1966); Lexington v. Greenhow, 451 S.W.2d 424 (Ky.Ct.App.1970); Ratliff v. Stanley, 224 Ky. 819, 7 S.W.2d 230 (1928); Adams v. State Dept. of Institutions, 247 So.2d 149 (La.App.1971); Harris v. State, 61 N.J. 585, 297 A.2d 561 (1972); Justice v. Rose, 102 Ohio App. 482, 144 N.E.2d 303 (1957).

[*751] In Harris the Supreme Court of New Jersey, after an extensive analysis of cases in other jurisdictions, stated the general rule as follows:

“[Bjefore the State or its prison officers may be held liable for injuries inflicted by one prison inmate on another, ‘there must be knowledge on the part of such officers in charge that such injuries will be inflicted, or good reason to anticipate such, and following that, there must be a showing of negligence on the part of these officials in failing to prevent the injury.’ ” [Citations omitted.] Harris v. State, 61 N.J. at 591, 297 A.2d at 564.

The Supreme Court of New Jersey further observed that this rule as embodied in numerous opinions was designed “to afford reasonable protections to prisoners without imposing unreasonable burdens on prison officials.” Id. at 592, 297 A.2d at 564.

The plaintiff contends that this “prior notice” rule is an inappropriate standard and has been rejected by the Court of Appeals of the District of Columbia in Matthews v. District of Columbia, 387 A.2d 731, 732 (D.C.App.1978). A careful reading of Matthews discloses, however, that the Court of Appeals of the District of Columbia was in agreement “that a party cannot be held liable in a negligence action for events which are not foreseeable by the exercise of reasonable diligence * * *.” (Emphasis in original.) Id. at 734. Chief Judge Newman suggested that the prior-notice rule was a variation on the ordinary-negligence standard.

It is our opinion that foreseeability and prior notice are concepts that do not contradict each other. Notice of danger or defect has long been an element of foreseeability. See Evans v. Liguori, 118 R.I. 389, 395 n.2, 374 A.2d 774, 777 n.2 (1977); S. M. S. Sales Co. v. New England Motor Freight, Inc., 115 R.I. 43, 48, 340 A.2d 125, 128 (1975); Aldcroft v. Fidelity & Casualty Co., 106 R.I. 311, 314, 259 A.2d 408, 411 (1969); Denisewich v. Pappas, 97 R.I. 432, 437, 198 A.2d 144, 148 (1964). We are of the opinion that the prior-notice rule is, in effect, merely a more specific application of the general rule of foreseeability. The Matthews court stated clearly and unequivocally that the government was not an insurer of the safety of a prisoner and would only be liable in the event that damage proximately results from a failure to exercise reasonable care to prevent harm. 387 A.2d at 734. We agree with the Supreme Court of New Jersey that this duty to provide reasonable care to protect an inmate from violence would not be violated in the absence of a determination that the danger was known or, in the exercise of ordinary care, should have been known by the prison official.

As a consequence, we are of the opinion that question No. 2 should be answered in the affirmative in respect to subsections (a) and (b). In respect to question No. 2(c), we also respond in the affirmative but with the caveat that prison officials should have had notice, if liability were to accrue, that these dangerous propensities would be likely to give rise to an attack upon plaintiff’s decedent as a specific identifiable victim or as a member of a group of identifiable victims. See Thompson v. County of Alameda, 27 Cal.3d 741, 614 P.2d 728, 167 Cal.Rptr. 70 (1980).

In respect to question No. 3, we are of the opinion that the State of Rhode Island has waived its sovereign immunity by virtue of the provisions of G.L.1956 (1969 Reenactment) § 9-31-1, as enacted by P.L. 1970, ch. 181, § 2 which provides:

“The state of Rhode Island and any political subdivision thereof, including all cities and towns, shall, subject to the period of limitations set forth in § 9-1-25, hereby be liable in all actions of tort in the same manner as a private individual or corporation, provided however, that any recovery in any such action shall not exceed the monetary limitations thereof set forth in the chapter.”

Section 9-31-2, as amended by P.L.1974, ch. 39, § 1 sets forth a limitation of damages in the sum of $50,000 to be awarded against the state of Rhode Island when engaged in its governmental functions. There is no question that maintenance of a correctional institution is a governmental function.[*752] Consequently, in the event that a correctional officer employed by the state was guilty of negligence and was not protected by personal immunity, the state would be liable under the doctrine of respondeat superior for the negligence of its employee subject to the monetary limitation set forth in § 9-31 — 2. See Calhoun v. City of Providence, 120 R.I. 619, 390 A.2d 350 (1978). See also Becker v. Beaudoin, 106 R.I. 562, 261 A.2d 896 (1970); Smith v. Raparot, 101 R.I. 565, 225 A.2d 666 (1967); Giroux v. Murphy, 88 R.I. 280, 147 A.2d 465 (1959).

We thus answer question No. 1 in the affirmative. We answer question No. 2 in the affirmative in regard to subsection (a) and/or subsection (b) and question No. 2(e) in the affirmative in the event that such knowledge would have constituted knowledge of a predictable threat of harm to the decedent as an identifiable victim or member of a group of potential victims. We answer question No. 3 in the affirmative.

1

. The interrogatories submitted and the answers thereto were as follows:

“1. On the night of Saunders’ death, did the guards in cellblock ABC fail to exercise reasonable care in affording Saunders adequate protection from attack?
“Answer: Yes.
“2. If ‘Yes,’ answer the following question. Was this failure a proximate cause of Saunders’ death?
“Answer: Yes.
“3. Did defendant Mullen know of the practice of allowing some prisoners out of their cells during lockup?
“Answer: Yes.
“4. If ‘Yes,’ was his action in permitting this practice to continue a failure to exercise reasonable care in affording Saunders adequate protection from attack?
“Answer: No.
“5. If ‘Yes,’ answer the following question. Was this failure a proximate cause of Saunders’ death?
“Answer: No.
“6. Did the physical facilities, staffing and/or classification system at the AC1 in 1974 evidence a failure by the State to exercise reasonable care in affording Saunders adequate protection from attack?
“Answer: Yes.
“7. If ‘Yes,’ answer the following question: Was this failure a proximate cause of Saunders’ death?
“Answer: Yes.
“8. Did prison personnel know, or have reason to anticipate, that Saunders was in danger?
“Answer: No.
“9. Did prison personnel know, or have reason to anticipate, that the inmate who killed Saunders might attack him?
“Answer: No.
“10. Did prison personnel know, or have reason to anticipate, that the inmate who killed Saunders had dangerous propensities and/or was likely to be involved in a violent outburst?
“Answer: No.
“11. Do you find Claude E. Saunders negligent?
“Answer. Yes.
“12. Do you find the State of Rhode Island negligent?
“Answer: Yes.
“13. Do you find James W. Mullen negligent?
“Answer: No.
“14. If you have answered question number 11 ‘Yes,’ then what percentage of negligence do you charge to Claude E. Saunders?
“Answer: 50%.
“15. If you have answered question number 12 ‘Yes,’ then what percentage of negligence do you charge to the State of Rhode Island?
“Answer: 50%.
“16. If you have answered question number 13 ‘Yes,’ then what percentage of negligence do you charge to James W. Mullen?
“Answer: 0%.”