Davis v. Benton

874 So. 2d 185, 2004 WL 326395
CourtLouisiana Court of Appeal
DecidedFebruary 23, 2004
Docket2003 CA 0851
StatusPublished
Cited by17 cases

This text of 874 So. 2d 185 (Davis v. Benton) 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
Davis v. Benton, 874 So. 2d 185, 2004 WL 326395 (La. Ct. App. 2004).

Opinion

874 So.2d 185 (2004)

Victoria DAVIS
v.
J. Barrett BENTON.

No. 2003 CA 0851.

Court of Appeal of Louisiana, First Circuit.

February 23, 2004.

*186 Paulette Porter La Bostrie, St. Gabriel, Counsel for Plaintiff-Appellant Victoria Davis.

Jay M. Simon, Baton Rouge, Counsel for Defendant-Appellee J. Barrett Benton.

Before: WHIPPLE, KUHN, and McDONALD, JJ.

KUHN, J.

Victoria Davis filed a suit for damages against J. Barrett Benton, asserting that a letter he wrote defamed her. The trial court granted Benton's special motion to strike pursuant to Louisiana Code of Civil Procedure article 971 and dismissed Davis' action with prejudice. The trial court also ordered Davis to pay Benton $5,000 in attorney's fees and to pay all costs of the proceedings. Davis has appealed, and we affirm.

I. FACTUAL AND PROCEDURAL BACKGROUND

On April 9, 2002, J. Barrett Benton submitted a complaint against Davis, who was employed as an officer with the Baton Rouge City Police Department. The complaint was in the form of a letter to Police Chief Pat Englade. In this letter, Benton informed Chief Englade that Davis lived on Kevel Drive, a street in Baton Rouge, Louisiana, on which Benton had formerly resided. Benton explained that the house in which he had formerly resided was presently leased to a tenant. According to the letter, the tenant had called Benton to complain of ongoing harassment perpetrated by Davis:

[The tenant] reported to me that, on at least four occasions, visitors to her home had been stopped by [Davis] and asked to produce their licenses and insurance documents. Although [Davis] did not issue any tickets (obviously no cause existed), the "police presence" and "shake down" of the drivers visiting the residence had its desired effect of intimidating the visitors to the home. The latest incident occurred on 4/5/02 whereby [Davis] pulled her police car into my tenant's driveway behind the car of a *187 guest who had been at the home for about fifteen minutes. [Davis] went out of her way to embarrass my tenant and her guest by accusing the guest of playing his music too loud when driving up to the residence. Although she doesn't need to, my tenant assured me that she does not tolerate loud music around her home.

Benton's letter also complained of other specific incidents of abuse and harassment by Davis concerning others who resided on the Kevel Drive. Benton's letter stated that despite the fact that these residents had consistently complained of Davis' conduct for over ten years, "the reign of abuse and harassment exacted by Davis continues." Benton opined that Davis had "a personal agenda to harass and intimidate her neighbors with impunity." He further complained that Davis' "misguided agenda has resulted in an abuse of authority which not only misrepresents the role of police officers in our community but also violates the civil rights of law abiding citizens ...." Benton's letter requested action by the police department to resolve the matter.

On July 26, 2002, Davis filed suit against Benton. She asserted that as a 20-year veteran of the police department, she has enjoyed a good reputation for integrity, fairness, and discipline that was injured by Benton's defamatory letter. She asserted that Benton's letter served no purpose other than to intimidate and harass her and to lower her in the eyes of her colleagues. She alleged that as a result of the letter, she was disciplined and was ordered not to police her neighborhood.

Benton answered the petition, generally denying its allegations and affirmatively alleging that Davis' suit was frivolous. He asserted that his letter was "an expression of a citizen's interest and right to make an inquiry of a Police Officer's conduct," constituting constitutionally-protected free speech. Benton further asserted that his communication to Police Chief Englade was privileged.

Additionally, Benton filed a special motion to strike based on the provisions of Louisiana Code of Civil Procedure article 971. Benton prayed for the court to strike Davis' action, asserting that his April 9, 2002 letter of complaint was an exercise of his right to free speech concerning a public issue. Pursuant to this special motion to strike, Benton requested the court to order plaintiff to pay reasonable attorney's fees and all costs of the proceedings. Benton also filed a separate motion for attorney's fees.

On December 2, 2002, the trial court held a hearing regarding Benton's motion to strike. During this hearing, Benton introduced various affidavits into evidence. In his own affidavit, Benton stated that he leases his Kevel Drive home to Tausha Lee, who called him in early April 2002, complaining of Davis' harassing behavior. Benton swore that Lee sought his assistance in preventing further harassment. Because he had heard numerous complaints of Davis' inappropriate use of her position as a police officer prior to Lee's call, Benton stated he felt a duty to Lee and the neighborhood community to report such behavior to the police department. Accordingly, he filed the April 9, 2002 complaint directed to Chief Englade. Benton's affidavit further states that he filed the complaint with no malicious intent, and he did not copy the executed complaint to any other person, entity or administrative authority other than his legal counsel.

Lee's affidavit states that Benton's complaint accurately described a series of incidents in which Davis used her position as a police officer to engage in harassing behavior towards Lee's visitors. Lee further swore that she informed Benton of Davis' *188 actions "in the hope that he would somehow aid her in having these actions stopped."

Chief Englade's affidavit states that Benton's April 9, 2002 letter was in the form of a citizen's complaint alleging misconduct by Davis. He further stated that pursuant to departmental policies, the complaint was treated as a citizen's complaint and processed only through the appropriate channels of investigation within the police department. He averred that the complaint was handled in a confidential manner and no information regarding the complaint was released or published to the general public. He also averred that the complaint was not made known to any members of the police department, except as needed to implement an investigation and then only to the appropriate chain of command over Davis. According to Chief Englade's affidavit, the Internal Affairs division conducted an investigation as a result of Benton's complaint, but no disciplinary action was taken against Davis as a result of the investigation.

Based on these affidavits, the trial court determined that Benton's conduct was protected by a conditional privilege. Based on this finding and pursuant to Louisiana Code of Civil Procedure article 971, the trial court granted Benton's special motion to strike. During the December 2, 2002 hearing, the trial court deferred its ruling on the issue of attorney's fees. By judgment dated January 29, 2003, defendant's special motion to strike was granted, and plaintiff's action was stricken and dismissed with prejudice.

On February 24, 2003, the trial court held a hearing on Benton's motion for attorney's fees. After considering evidence, the trial court granted Benton's motion and awarded him $5,000 in attorney's fees. Additionally, the trial court ordered Davis to pay all costs of the proceedings. The trial court signed a written judgment in accordance with these findings on March 18, 2003. Davis has appealed both adverse judgments.[1]

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Cite This Page — Counsel Stack

Bluebook (online)
874 So. 2d 185, 2004 WL 326395, Counsel Stack Legal Research, https://law.counselstack.com/opinion/davis-v-benton-lactapp-2004.