Allan M. Shine v. Charles Moreau Charles D. Moreau v. Allan M. Shine Charles Moreau v. Allan M. Shine

Syllabus

These consolidated cases came before the Supreme Court on appeal from an April 20, 2017 order of the Providence County Superior Court denying the motions for entry of judgment filed by former Central Falls Mayor Charles Moreau and former members of the Central Falls City Council (collectively, the elected officials). The rationale for said denial was set forth in a February 21, 2017 decision of the Superior Court specifically, that decision held that the elected officials were not entitled to indemnification from the State of Rhode Island for attorneys' fees and legal costs which they incurred over the course of this action. On appeal, the elected officials contended that the hearing justice erred in holding that the elected officials were not entitled to indemnification from the state because, in the view of the elected officials, the Court's previous opinion in Shine v. Moreau, 119 A.3d 1 (R.I. 2015) (Shine I), so provided. The elected officials further contended that a suit against a receiver appointed pursuant to the terms of G.L. 1956 chapter 9 of title 45 (the Financial Stability Act) is a suit against the state and that that fact, in their opinion, entitled them to indemnification from the state. The Supreme Court held that, pursuant to the clear dictates of its previous opinion in Shine I, the elected officials were not entitled to indemnity from the state. The Court further did not find any of the elected officials' additional arguments in favor of indemnity from the state to be convincing. Accordingly, the Supreme Court affirmed the order of the Superior Court.