Lamb v. Fraternal Order of Police Lodge No. 36 (15)

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Lamb v. Fraternal Order of Police Lodge No. 36 (15)

Case Number
Call Date
January 28, 2016
Court Number
Case Summary

S-15-0361, Thomas Lamb (Appellant) v. Fraternal Order of Police Lodge No. 36, and Michael Robinson, Washington County Sheriff

Washington County, Hon. John E. Samson

Attorneys: Thomas M. White, C. Thomas White, Amy S. Jorgenson (representing Lamb); Michael P. Dowd (representing FOP Lodge 36); Charles W. Campbell (representing Robinson)

Civil: Breach of labor contract; tortious interference with a business relationship

Proceedings below: District court dismissed complaint with prejudice after it determined that the claim against Robinson was barred by sovereign immunity and that it lacked subject matter jurisdiction over the claim against FOP Lodge 36 because Lamb failed to pursue his statutory remedy by filing the claim with the Commission on Industrial Relations.

Issues: Whether Robinson acted in his official capacity and was therefore immune from suit for tortious interference with a business relationship; whether Lamb was required to bring his claim for breach of contract against FOP Lodge 36 to the Commission on Industrial Relations; whether the district court lacked jurisdiction over a claim for breach of duty of fair representation when such claim is entwined with claim for breach of contract; whether Lamb's failure to exhaust administrative remedies barred recovery in this action; and whether district court lacked jurisdiction as a result of Lamb's failure to pursue statutory or administrative remedies.