Almerico v. Dale

927 So. 2d 586, 2006 La. App. LEXIS 645, 2006 WL 846834
CourtLouisiana Court of Appeal
DecidedMarch 28, 2006
DocketNo. 05-CA-749
StatusPublished
Cited by10 cases

This text of 927 So. 2d 586 (Almerico v. Dale) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Almerico v. Dale, 927 So. 2d 586, 2006 La. App. LEXIS 645, 2006 WL 846834 (La. Ct. App. 2006).

Opinions

SUSAN M. CHEHARDY, Judge.

1 aThis is a lawsuit by an employee of the Harahan Police Department for intentional infliction of emotional distress and abuse of process. The plaintiff appeals a judgment that dismissed his claims on exceptions of no cause of action. We affirm.

In June 2004 Joseph Almerico filed suit against Peter Dale, individually and in his capacity as Chief of Police of the City of Harahan, and the City of Harahan, Louisiana. The original petition alleges that Al-merico is a captain in the Harahan Police Department, with the title of Operations Commander. He was first employed by the Harahan Police Department as a reserve officer, then was hired in 1992 in the classified civil service position of Police Officer, progressing by the required civil service examinations successively through the positions of Sergeant, Lieutenant, and then Captain, all classified positions within the Police Department.

It alleges further that after defendant Peter Dale (“Dale”) was elected to the position of Chief of Police of the City of Harahan in November 2002, Dale made it clear to Almerico and others that he did not want Almerico to remain as an employee of the Police Department. The petition states that Dale treated Almerico with disrespect and that Dale told others he wanted to get the former police chiefs “people” out of the Police Department.

|sThe petition alleges that on April 15, 2004, while Almerico was at a funeral home making arrangements for his father’s funeral, Dale called him and instructed him to come into the office. When Almerico complied, Dale informed him that he was being placed on administrative leave. Approximately two months later, Dale terminated Almerico from his employment for alleged violations of civil service rules.

Almerico initiated an appeal pursuant to the civil service rules. The Harahan Municipal Fire and Police Civil Service Board (“Board”) subsequently found unanimously that Dale’s action was not taken in good faith for cause. The Board ordered that Almerico be immediately reinstated and that he be paid his regular salary retroactive to the date of his wrongful termination.

The petition asserts that Dale either knew or should have known that Almerico had not committed the alleged violations, and that the investigation and predetermination hearings were essentially shams, conducted in bad faith for the sole purpose of terminating Almerico.

Further, it alleges, the day after Almeri-co was reinstated to his employment,

Dale took him to lunch and asked him if plaintiff intended to sue Dale. Dale told plaintiff that if the lunch went well, he would make plaintiff Operations Commander, but that if the lunch did not go well, he was going to create a position to have plaintiff guard the maintenance shed, or would have him sit on the desk.

Thereafter, the petition alleges, Dale made Almerico Operations Commander, but the position has been little more than a title: “Dale has undertaken to undermine plaintiffs authority, impose unrealistic [589]*589deadlines, and generally make plaintiff uncomfortable, all in an effort to retaliate against plaintiff and/or to make him leave his employment.”

|4The petition alleges that Dale’s actions constituted malicious prosecution, abuse of process, intentional and/or negligent infliction of emotional distress, and slander. Almerico seeks recovery for unnecessary attorney fees incurred and damages for “extreme emotional distress and anguish, embarrassment, humiliation, loss of enjoyment of life, insecurity, anxiety, and damage to reputation” suffered as a result of Dale’s actions.

The defendants brought exceptions of no cause of action. The trial court granted the exceptions as to the claims for malicious prosecution and negligent infliction of emotional distress. The court converted the exceptions of no cause of action as to intentional infliction of emotional distress, defamation, and abuse of process to exceptions of vagueness, and ordered the plaintiff to amend his petition.

Almerico filed a Supplemental And Amending Petition that added Paragraphs '20a, 20b, 20c, and 20d. In it he states, “Each of the following incidents describes an act or acts of deliberate and intentional infliction of emotional distress” upon plaintiff by Dale, acting individually and/or in his official capacity as Chief of Police of the City of Harahan.”

Subparagraph A elaborates on the incident in which Dale called Almerico away from planning his father’s funeral. Almer-ico “had previously expressed to Dale that he was very close to his father, and Dale had told plaintiff that his father was also sick, and that they (Dale and his father) were also very close.” Dale had granted him emergency leave for April 15, the day on which he was to plan his father’s funeral, yet on that day Dale’s secretary left a message on Almerico’s cell phone telling him Chief Dale needed to see him immediately to discuss something important.

When Almerico went to see Dale, Dale stated that he was being placed on administrative leave,' effective immediately.

| sDale gave no specific reasons as to the basis of this decision or the nature of the investigation or charges against plaintiff. .. .Further, although other employees had been investigated for various offenses during Dale’s administration, plaintiff was the only employee as of • that time to be placed on administrative leave during the investigation of him.

Subparagraph B alleges that Almerico endured extreme stress and anxiety for approximately six weeks because he did not know why he had been placed on administrative leave. Further, “Dale’s failure to provide plaintiff with even the most basic description of the nature or purpose of the investigation against him was deliberate and willful, done with the specific intent of inflicting emotional distress and anxiety upon plaintiff.”

Subparagraph C asserts thát despite Al-merico’s reinstatement by the Board,

Dale,.. continues to this day to deliberately, willfully and intentionally inflict emotional distress upon plaintiff. The acts described herein may appear less significant when viewed as independent, isolated incidents; however, plaintiff submits that the acts must be considered as part of a course and pattern of conduct which, when taken as a whole, unequivocally support plaintiffs allegations of intentional infliction of emotional distress.

The Supplemental and Amending Petition then lists six sub-subparagraphs that relate the following:

Despite having the position of “Operations Commander,” Almerico was required [590]*590to share a small office, including the desk and computer, with another officer for almost five months after being returned to duty. Dale failed to provide him with a dress uniform, such as was provided to the other captains in the Harahan Police Department, and Dale’s response to his repeated requests was “I’ll look into it,” but nothing was done.

Further, almost two months elapsed from the time of Almerieo’s return until he received his police car back. Ultimately he was required to go on his own to the | fiperson to whom the ear had been reassigned and ask him to give it back. Dale also failed to act on Almerico’s repeated requests for reimbursement for equipment Almerico had added to his police car at his own expense prior to his being placed on administrative leave.

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Cite This Page — Counsel Stack

Bluebook (online)
927 So. 2d 586, 2006 La. App. LEXIS 645, 2006 WL 846834, Counsel Stack Legal Research, https://law.counselstack.com/opinion/almerico-v-dale-lactapp-2006.