Jane Doe v. Lisa Worrell, No. 21-2335 (8th Cir. 2022)Annotate this Case
Plaintiff alleged that a Sheriff of Harrison County, Missouri, forced her into a sexual relationship that included giving her drugs, directing her to sell them, and protecting her from prosecution. After Doe ended the relationship, the Sheriff pursued criminal charges against her, resulting in felony convictions. Defendant was Doe’s probation officer. According to Doe, Defendant invited the Sheriff to her probation meetings, where the Sheriff threatened Doe not to disclose the relationship. Doe asserted a state claim against Defendant for intentional infliction of emotional distress (in addition to claims against the Estate of the Sheriff, who died in 2020). Defendant moved to dismiss based on official immunity and a “statutory” immunity under Revised Statutes of Missouri section 105.711.5. For her defense of statutory immunity, Defendant asserted that subsection 105.711.5 bars individual-capacity claims against state employees, such as herself. The district court held that section 105.711 “applies to final judgments”
The Eighth Circuit affirmed and held that by its plain text, section 105.711 does not create a new immunity. The word “immunity” does not appear in section 105.711. Further, the 2005 amendment also amended section 105.726 to add: “Sections 105.711 to 105.726 do not waive the sovereign immunity of the State of Missouri.” Construing the additions to subsection 105.711.5 and subsection 105.726.1 together, the 2005 amendment preserves immunities already in place for the State and its employees, and it does not create a new, statutory immunity.