Cluff-Landry v. Roman Catholic Bishop of Manchester

February 24, 2017 by Justia

Plaintiff Beverly Cluff-Landry appealed a Superior Court order dismissing her case against defendant Roman Catholic Bishop of Manchester d/b/a St. Christopher School (the school). Two new students enrolled in the Pre-K program at the beginning of the 2011-2012 academic year, each of whom exhibited defiant behaviors, including “daily kicking, hitting, slapping, punching, spitting, biting, screaming, throwing things, and verbal abuse. Plaintiff reported to the principal “her concerns that the school was not adequately set up to handle [one of the students] due to his unsafe behaviors and the school’s inability to keep the other students safe, and that the behavior was in violation of the student-parent handbook.” In response to the plaintiff’s concerns, the principal “simply laughed.” The plaintiff continued to complain to the principal about the student, but the principal took no action. After the parents of a student complained that the defiant student was bullying their daughter, the principal expelled the defiant student. Thereafter, the principal’s alleged retaliation toward the plaintiff “escalated.” The principal ultimately placed the plaintiff on a “Teacher Improvement Plan.” She was given notice of the school’s intent to not renew her contract for the following school year in April; plaintiff’s last day of work was June 15, 2012. Plaintiff filed suit against the school alleging: (1) violations under the New Hampshire Whistleblowers’ Protection Act, by failing to renew her contract after she reported violations of school and public policies; (2) wrongful discharge, for failing to renew her contract; and (3) slander, based upon the principal’s comments to A&T. The school moved to dismiss, arguing that: (1) plaintiff’s factual allegations were insufficient to support a violation of the Act; (2) the wrongful discharge claim was barred by the statute of limitations, and also failed because the plaintiff’s employment was governed by a one-year contract; and (3) the alleged defamatory statements were not actionable because plaintiff consented to their publication. Following a hearing, the trial court granted the school’s motion. Finding no reversible error in the Superior Court’s judgment, the Supreme Court affirmed. View "Cluff-Landry v. Roman Catholic Bishop of Manchester" on Justia Law