The City of Phoenix issued a report with information about a police detective. As a result the detective was placed on the “Brady List” of officers implicated in professional misconduct. The detective contends that the report was defamatory. Under the notice-of-claim statute (A.R.S. § 12-821.01), a person must file a written notice of claim before suing a public entity. The notice must include a specific amount for which the public entity may settle the claim.
The detective filed a written notice with the City alleging both defamation and violations of the Family Medical Leave Act (“FMLA”). The notice indicated that the detective would be seeking $1.5 million in damages for defamation. It did not provide any damage figure for the alleged FMLA violations.
The detective later filed a complaint. The City moved to dismiss for failure to file an adequate notice of claim. The superior court dismissed the action because the notice did not contain a valid settlement offer. The detective appealed and the Court of Appeals affirmed.
To satisfy the requirement that a notice of claim include a specific amount to settle the claim, the claimant must make an offer that the entity can accept. The claimant must manifest a willingness to be bound by the offer. Simply stating the amount of alleged damages does not show a willingness to accept that amount as settlement. As a result, the detective’s notice of claim failed to satisfy the notice-of-claim requirements and his claims were correctly dismissed.
Judge Beene authored the opinion; Judges Johnsen and Downie concurred.
Posted by: Brian K. Mosley