Clark v. Wilcox

928 So. 2d 104, 2005 WL 3489532
CourtLouisiana Court of Appeal
DecidedDecember 22, 2005
Docket2004 CW 2254R
StatusPublished
Cited by13 cases

This text of 928 So. 2d 104 (Clark v. Wilcox) 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
Clark v. Wilcox, 928 So. 2d 104, 2005 WL 3489532 (La. Ct. App. 2005).

Opinion

928 So.2d 104 (2005)

Arthur A. CLARK
v.
Clayton M. WILCOX, Superintendent, Individually and in His Official Capacity and East Baton Rouge Parish School Board.

No. 2004 CW 2254R.

Court of Appeal of Louisiana, First Circuit.

December 22, 2005.

*107 Benn Hamilton, Baton Rouge, for Plaintiff-Respondent Arthur A. Clark.

Karen D. Murphy, Kenneth F. Sills, Hammonds & Sills, Baton Rouge, for Defendants-Relators Clayton M. Wilcox and the East Baton Rouge Parish School Board.

Before: PARRO, KUHN, and WELCH, JJ.

PARRO, J.

The defendants filed an application for a supervisory writ in connection with the trial court judgment overruling their peremptory exception raising the objection of prescription with respect to the causes of action stated in the original petition for reinstatement and damages by its former employee.

Factual and Procedural Background

On February 6, 2004, Arthur A. Clark (Clark), a coach and teacher formerly employed by the East Baton Rouge Parish School Board (School Board) at Scotlandville Middle School, filed suit against the School Board and its superintendent, Clayton W. Wilcox (collectively referred to as defendants), asserting claims arising from his allegations of wrongful termination and defamation. In his petition, Clark alleged that on January 8, 2003, as he was displaying a knife, that he had found on the school grounds or seized from a student, to a small group of students and cautioning them against bringing such contraband to school, a sixth grade student made disrespectful comments to Clark and ran away. Clark claimed that he pursued the student and ordered him to report to the principal's office.

According to Clark's petition, the student reported to the principal that Clark had pulled a knife on him. In his petition, Clark averred that the principal had reported the alleged knife-pulling incident to the East Baton Rouge Parish Sheriff's Office on January 8, 2003, and that the principal had ordered him to report to the human resources office. Annette Mire (Mire) of the human resources office proposed that Clark voluntarily resign to spare all of the parties some time and energy, which Clark declined to do. The next day, Clark learned during a telephone call to his home from a sheriff's deputy that he was wanted for questioning and that a warrant had been issued for his arrest.

Subsequently, Clark again met with Mire, who advised him that if he had resigned, Clark would have avoided adverse publicity and the possibility of being publicly arrested. During this meeting, Mire allegedly offered to grant Clark's family 65 percent of his family health insurance plan as further inducement for a voluntary resignation in the face of a threatened termination proceeding. That day, on January 9, 2003, Clark submitted a voluntary resignation from his tenured teaching position.

In his petition, Clark also alleged that certain School Board employees intentionally and maliciously misrepresented facts to the local authorities and the general public for the purpose of defaming him. Specifically, Clark asserted that on January 11, 2003, the School Board's public information officer told the local newspaper that two other students saw Clark pull a knife on another student and that Clark was temporarily suspended pending the outcome of the investigation.

In his petition, Clark sought reinstatement to his former position as a tenured teacher, along with back pay, bonuses, raises, vacation pay, or any other emolument of payment or compensation from *108 January 10, 2003, to the present. He also sought damages for the mental anguish, emotional distress, and defamation of character caused by the defendants' actions regarding the January 8th and 9th events.[1]

The defendants filed a peremptory exception raising the objection of prescription,[2] asserting that Clark's claims arising from his allegations of wrongful termination and defamation were subject to the one-year liberative prescriptive period applicable to delictual actions provided for in LSA-C.C. art. 3492. The defendants noted that Clark's petition alleged conduct occurring over a three to four-day period from January 8 to 11, 2003. They maintained that Clark's causes of action arising from his allegations of wrongful termination and defamation arose at the latest on January 11, 2003, the date by which Clark had actual notice of the alleged tortious actions of the School Board. Since Clark did not file suit until February 6, 2004, the defendants urged that his claims were barred by prescription. The defendants also contended that Clark was not entitled to the protection of the teacher tenure law since he had voluntarily resigned, and therefore, the School Board's failure to terminate him pursuant to those provisions did not provide a basis for suspending prescription on the wrongful termination claim.

In response, Clark urged that LSA-R.S. 17:443 of the teacher tenure law requires that a hearing be held before a tenured teacher can be terminated, and as one was never held, prescription on his wrongful termination claim never began to run. He submitted that before any determination can be made on the issue of prescription, the voluntariness of his resignation must be determined. He argued that if the resignation was not voluntary, it is ineffective, and should the School Board desire to dismiss him, it must comply with the requirements of LSA-R.S. 17:443. Further, he argued that the claim for reinstatement, a personal one based on contract, is subject to a 10-year prescriptive period.

Following a hearing, the trial court denied the exception raising the objection of prescription.[3] Pursuant to an application for supervisory writs to this court, the defendants sought review of the trial court's judgment, which was denied. Clark v. Wilcox, 04-2254 (La.App. 1st Cir.12/30/04) (unpublished writ action). Subsequently, the defendants sought a writ of certiorari from the supreme court, which was granted, and the matter was remanded to this court for the issuance of a written opinion following briefing and argument by the parties. Clark v. Wilcox, 05-0254 (La.4/22/05), 899 So.2d 583.

Discussion

On January 8 and 9, 2003, Clark had discussions with the School Board's human resources officer concerning the knife-pulling allegation by a student. During these discussions, the officer allegedly threatened that Clark would be facing termination *109 if he did not resign. After their initial conversation on January 9th, Clark received a call from a deputy with the sheriff's office, who informed him that he was wanted for questioning and that a warrant had been issued for his arrest. Later the same day, Clark submitted his resignation. Clark alleged in his petition that two days later, on January 11, 2003, the public information officer for the School Board reported the incident to the local newspaper. On February 6, 2004, Clark filed the instant suit seeking reinstatement to his teaching position, as well as damages for defamation and wrongful termination, to which the defendants raised the issue of prescription.

Wrongful Termination

Generally, a claim for wrongful discharge or termination is a delictual action subject to a one-year prescriptive period provided for in LSA-C.C. art. 3492. This prescriptive period commences to run when the plaintiff has actual or constructive notice of the alleged wrongful termination. Nicholson v. St. John the Baptist Parish School Board, 97-846 (La.App. 5th Cir.1/14/98), 707 So.2d 94, 95, writ not considered,

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928 So. 2d 104, 2005 WL 3489532, Counsel Stack Legal Research, https://law.counselstack.com/opinion/clark-v-wilcox-lactapp-2005.