Eller v. Idaho State PoliceAnnotate this Case
This appeal arose out of a retaliation action under the Idaho Protection of Public Employees Act (the “Whistleblower Act”) and a negligent infliction of emotional distress claim against the Idaho State Police. Plaintiff Brandon Eller alleged the Idaho State Police (ISP) retaliated against him in two ways: (1) after he testified against another officer in a preliminary hearing; and (2) when he voiced objections to a new ISP policy requiring members of the Crash Reconstruction Unit to destroy draft and peer review reports. A jury awarded Eller $30,528.97 in economic damages under the Whistleblower Act and $1.5 million in non-economic damages for his negligent infliction of emotional distress claim. The district court then entered a memorandum decision and order reducing the award for Eller’s negligent infliction of emotional distress claim to $1,000,000 because Idaho Code section 6-926 capped the State’s liability for actions brought under the Idaho Tort Claims Act (ITCA) at $500,000 per occurrence. Both Eller and ISP timely appealed on several grounds, and their appeals were consolidated. After its review, the Idaho Supreme Court held the district court incorrectly applied the ITCA to Eller’s claim because the Whistleblower Act supplanted it. The district court’s rulings that the Whistleblower Act bars non-economic damage awards and that the ITCA caps Eller’s damages were vacated, and the matter remanded for a partial new trial regarding non-economic damages solely under the Whistleblower Act.