Cook v. State8/31/1999
ikewise dismissed the claim.
In July of 1992, Cook interviewed for the reopened senior technician position in the Idaho Falls office. In light of Cook's civil rights complaints, Rigby requested that others from outside the district perform the interviews. Rigby gave the panel the questions for the applicants. The questions were weighted to show which questions the resident engineer, Rigby, thought were most important. Based on the panel's recommendation, the position was filled by an employee other than Cook.
In 1991, at an engineers' conference, Ross spoke with other district engineers about the complaints filed by Cook. Cook maintains that these conversations were the reason she was not able to transfer to other districts which had openings at the time.
Also in 1991, Ross called Cook's physicians to discuss Cook's health. Cook was not informed of the calls until after they were made.
In 1992, a contractor complained to Rigby that Cook was not taking the required test samples on one of the projects. After Rigby had conducted an investigation, ITD hired a private investigator to investigate the allegations against Cook. The investigator concluded that the evidence concerning Cook was inconclusive. During the investigation, she was suspended with pay. Following the suspension, a written letter of reprimand was placed in Cook's file.
On October 29, 1992, Cook gave notice to ITD, terminating her employment on November 6, 1992.
On December 17, 1992, Cook filed a complaint in United States District Court. Her complaint alleged a due process violation under 42 U. S. C. § 1983 and discrimination under Title VII, as well as wrongful discharge claims under state law. Following the defendants' motion to dismiss, the United States District Court dismissed Cook's § 1983 claim and her state law claims on July 19, 1993. However, the court granted Cook leave to remove her state law claims, as well as her § 1983 claim and her Title VII claim, to state court.
Cook filed a complaint in state court on November 12, 1993. Her complaint alleged claims for relief for discrimination under Title VII, "retaliation," violation of privacy, tortious interference with contract, unlawful termination, defamation, sexual harassment, "violation of morals or public policy," negligent infliction of emotional distress and intentional infliction of emotional distress and punitive damages. The defendants named were the State of Idaho, Department of Transportation, Jim Ross, Devin Rigby, Joyce Riley, Delayne Newcomb, Todd Tuckett, John Does I-X and Jane Does I-X.
The defendants filed a motion to dismiss and a motion to strike on November 30, 1993. On December 17, 1993, the district court dismissed the claim of "violation of morals or public policy" and the claim for punitive damages. On November 12, 1993, Cook amended her complaint to strengthen her discrimination claim.
On March 16, 1994, the defendants filed a motion for partial summary judgment. On April 18, 1994, Cook filed a second amended complaint to include a claim for relief for spoliation of evidence and violation of § 1983 under the Fourteenth Amendment.
On June 3, 1994, Cook filed a third amended complaint in the form of a sealed complaint. On June 9, 1994, Cook again amended her complaint to add a claim of assault. On June 29, 1994, the court ordered that Cook submit another amended complaint which should separate the sealed False Claims Act claims from the remaining unsealed claims.
Cook subsequently filed her fifth and sixth amended complaints. In response, the defendants filed motions to strike, dismiss and for summary judgment.
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