Dillard's, Inc. v. Scott

908 So. 2d 93
CourtMississippi Supreme Court
DecidedAugust 18, 2005
Docket2002-IA-01422-SCT, 2003-IA-02723-SCT
StatusPublished
Cited by22 cases

This text of 908 So. 2d 93 (Dillard's, Inc. v. Scott) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Dillard's, Inc. v. Scott, 908 So. 2d 93 (Mich. 2005).

Opinion

908 So.2d 93 (2005)

DILLARD'S, INC.
v.
Michael J. SCOTT.
Dillard's, Inc. f/k/a Dillard Department Stores, Inc.
v.
Africia Johnson.

Nos. 2002-IA-01422-SCT, 2003-IA-02723-SCT.

Supreme Court of Mississippi.

May 5, 2005.
Rehearing Dismissed August 18, 2005.

*94 Daniel P. Jordan, III, Christy D. Jones, Jackson, Robert L. Johnson, III, Natchez, attorneys for appellant.

Dennis C. Sweet, Omar Lamont Nelson, Dale Danks, Jr., Pieter John Teeuwissen, Jackson, attorneys for appellee.

EN BANC.

RANDOLPH, Justice, for the Court.

¶ 1. This is the consolidation of two cases on appeal, both arising from the Circuit Court of Hinds County. In both complaints, multiple plaintiffs allege that Dillard's engaged in a scheme of racial discrimination or racial profiling resulting in the wrongful detention, harassment, and mistreatment of Dillard's customers and employees at numerous Dillard's store locations. The allegations of both complaints include diverse claims of false imprisonment, assault and battery, negligence, negligent control of servants, defamation, intentional infliction of emotional distress, invasion of privacy, malicious prosecution, conspiracy, gross negligence and malice, as well as alter ego.

Scott Procedural History

¶ 2. Twenty-three plaintiffs filed the Original Complaint in the Scott litigation on November 16, 2000. Plaintiffs amended the complaint on December 20, 2000. On March 19, 2001, Dillard's moved to sever and dismiss the out-of-state claims in Scott. This motion was subsequently denied on August 6, 2002. On May 9, 2001, Dillard's filed its Notice of Removal. The case was subsequently remanded back to the state court on February 11, 2002. On May 28, 2002, plaintiffs filed a motion to amend the first amended complaint to add thirteen additional plaintiffs. This motion was subsequently granted although plaintiffs never filed an amended complaint. Dillard's filed a motion to recuse Circuit Court Judge Tomie Green on August 2, 2002. On August 6, 2002, the trial court denied Dillard's Motion to Sever Misjoined Parties. The motion to recuse was denied on August 12, 2002.

¶ 3. Defendants then filed a Petition for Writ of Prohibition seeking the recusal of Judge Green and a Petition for Interlocutory Appeal of the orders related to joinder. On October 1, 2003, this Court granted Dillard's permission to appeal both the joinder and recusal issues and stayed all trial court proceedings pending a decision on appeal. See M.R.A.P. 5.

Johnson Procedural History

¶ 4. Forty-six plaintiffs filed their original Complaint in Johnson on August 31, 2001. The case was removed to federal court and subsequently remanded back to the state court. On November 6, 2003, Dillard's filed a motion to stay Johnson pending the Scott appeal, which was denied on December 16, 2003. The trial court also denied Dillard's request to certify the issue for interlocutory appeal. Dillard's then sought an emergency stay from this Court which was granted, and this *95 Court thereafter consolidated Johnson and Scott.

¶ 5. Dillard's raises the following issues on appeal:

I. Whether the trial court abused its discretion under Mississippi Rule of Civil Procedure 20(a) by failing to sever and/or dismiss the claims of non-resident Plaintiffs who alleged factually distinct events that occurred outside this state.
II. Whether the Honorable Tomie T. Green should have recused herself in both cases.

FACTS

Facts related to Venue

¶ 6. The Scott case involves 23 plaintiffs each alleging that they were wrongfully mistreated and harassed at various Dillard's store locations. Of the plaintiffs involved in the Scott suit, four reside in Hinds County, Mississippi, eleven reside in Texas, six reside in Louisiana, and two in Arkansas. Of these alleged incidents, only one occurred in Hinds County, Mississippi. Three other incidents occurred in Mississippi, but outside of Hinds County. All other incidents occurred outside of Mississippi.

¶ 7. The Johnson case involves 46 plaintiffs also alleging that they were mistreated in different ways while shopping or working at a variety of Dillard's stores. Of these plaintiffs, fourteen reside in Mississippi, while the remaining plaintiffs reside in other states (Kentucky, Alabama, Nevada, Texas, Florida, Arkansas, and Colorado). Of the fourteen Mississippi residents, only six reside in Hinds County, Mississippi. Of these alleged incidents, not a single one occurred in Hinds County.

Facts related to Recusal

¶ 8. On March 4, 2002, WLBT-TV in Jackson, Mississippi, aired a "Three on Your Side" investigative report, in which the reporter stated that Judge Tomie Green had accused the Jackson Police Department of racial profiling and harassment of her during a traffic stop. A transcript of the newscast reflects the following:

Reporter: Here at home, a charge of racial profiling by white Jackson police officers. What makes it unusual is that the accuser is a Hinds County Circuit Court Judge.
Judge Green: It's eroded my faith in public safety in Jackson and Hinds County.
Reporter: Circuit Court Judge Tomie Green is angry ... and hurt over an incident she describes as racial profiling. According to Judge Green on Saturday, February 23rd around seven at night she was traveling on Hanging Moss Drive heading down-town when two officers in separate patrol cars put on their blue lights behind her. She says she pulled over to the right and stopped. Why was she pulled over?
Judge Green: He just started to tell me I was driving in the wrong lane that I needed to go [to] the department of public safety and get a book and learn how to drive and be in the right lane.
Reporter: But acting police chief Jim French says the officer tells a different story.
Jim French: The car pulled out in front of him and nearly caused him to wreck
Reporter: But the officer, who Chief French will not name, did not issue Judge Green a ticket. The Judge says the officer's manner was abusive.
Judge Green: He just kind of harassed me in terms of the questioning. I *96 said there's no such thing as the wrong lane and I was just driving.
Reporter: Judge Green drives a 2001 Jaguar with a plate that reads lawkeeper. She says the fact that she's black and drives an expensive car caused the officers to stop her ... and nothing else. She asked to speak to the other officer on the scene, but says the first officer told her he had nothing to do with it. Then according to Judge Green she drove to precinct three about a mile away on Northside Drive to file a complaint. The precinct was closed. Chief French says he cannot say much about this incident because internal affairs is looking into it. However ...
French: This Department specifically prohibits stops for racial profiling, sexual profiling.
Reporter: He says it may take a couple of weeks for internal affairs to finish its report. We'll keep you posted ...

¶ 9. Subsequently, Dillard's filed the motion to recuse requesting that Judge Green recuse herself, averring that this incident created a conflict for her to preside in the cases sub judice.

ANALYSIS

I. Joinder and Venue

¶ 10.

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Bluebook (online)
908 So. 2d 93, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dillards-inc-v-scott-miss-2005.