Fleming v. Michot

295 So. 2d 821, 1974 La. App. LEXIS 3169
CourtLouisiana Court of Appeal
DecidedMay 28, 1974
DocketNo. 12318
StatusPublished
Cited by3 cases

This text of 295 So. 2d 821 (Fleming v. Michot) 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
Fleming v. Michot, 295 So. 2d 821, 1974 La. App. LEXIS 3169 (La. Ct. App. 1974).

Opinion

HALL, Judge.

Plaintiff, John B. Fleming, filed suit for damages against Louis J. Michot and The Times Publishing Company, Ltd., arising out of an alleged libelous editorial published in The Shreveport Times. This appeal by plaintiff is from judgments of the district court sustaining an exception of misjoinder of parties defendant, an exception of no cause or right of action and a motion for summary judgment filed by the defendant The Times Publishing Company, Ltd.; sustaining an exception of no cause of action and a motion for summary judgment filed by defendant Michot; and dismissing plaintiff’s suit. For the reasons hereinafter expressed, we conclude the exceptions of no cause of action were properly sustained and, accordingly, affirm the judgments dismissing plaintiff’s suit.

The essential allegations of plaintiff’s petition are:

(1) Plaintiff was employed by the State Department of Education in the Shreveport Office of Vocational Rehabilitation. He was qualified to perform the job duties and diligently met all job requirements of his position.
(2) Defendant Michot is the elected Superintendent of Education of the State of Louisiana, but had not taken office at the time of the interview referred to in the editorial complained of.
(3) The defendant publishing company is the owner of The Shreveport Times, a newspaper published each morning in Shreveport and sold and distributed throughout the State of Louisiana and other states, ,with a large circulation.
(4) The April 30, 1972 edition of The Shreveport Times contained an editorial written by Stanley R. Tiner, an employee of the defendant publishing company, defaming plaintiff by stating, among other things:
“(a) That plaintiff, as an employee of the Louisiana Department of Education, was one of many ‘Dodd cronies’ ;
“(b) That plaintiff was part of a ‘network of deadheadism’ existing in the Louisiana Department of Education;
“(c) That plaintiff as an employee of the Vocational Rehabilitation Department of the Louisiana Department of Education performed no useful service for the State, and;
“(d) That plaintiff was one of those persons in the Louisiana Department of Education who actually spent very little time on the job performing his duties.”
(A copy of the editorial is attached to and made a part of plaintiff’s petition).
(5) The statements in the editorial resulted from an interview of Michot by Tiner, who independently enlarged and contributed to the defamatory character of the article.
(6) The article and statements made by Michot and Tiner exposed plaintiff to contempt, ridicule, embarrassment, disrepute and humiliation. They lowered his reputation, both generally and with respect to his occupation, in the opinions of his friends and the general public. They inferred that plaintiff was incompetent in his job with the Louisiana Department of Education, that he did not perform the duties of his job adequately, and that he was being paid while not performing any duties with the Louisiana Depart[823]*823ment of Education. The statements and article were intended by defendants to discredit and did, in fact, discredit plaintiff’s character and reputation. The statements pertaining to plaintiff’s alleged association with former superintendent, William J. Dodd, or to the caliber of the performance of his job duties or the nature of the job, are denied. The allegations concerning plaintiff constitute an unwarranted, false, malicious and libelous attack on plaintiff’s personal and professional reputation.
(7) The statements of Michot and Tiner were made with a known falsity or with a reckless disregard of truth or falsity. Michot’s statements were a reprisal for plaintiff’s failure to support Michot in his political campaign for office.
(8) On December 5, 1972, Michot terminated plaintiff from his job with the Louisiana Department of Education.

Plaintiff prays for damages in the total amount of $500,000.

The editorial complained of is reproduced as an appendix to this opinion.

The grounds for the peremptory exceptions of no cause of action filed by defendants can be summarized as follows:

(1) The editorial contained no words, language or expression constituting a defamation of plaintiff or a libelous attack on plaintiff’s personal and professional reputation.
(2) The publication of an accurate account of matters of legitimate public interest is not actionable.
(3) Plaintiff’s petition identifies him as a public official or public figure involved in matters of legitimate public concern and as such even inaccurate published statements concerning his conduct are not actionable unless published with actual malice, that is, with knowledge of their falsity or with reckless disregard of whether they are true or false. No facts constituting actual malice are alleged in plaintiff’s petition.

In Brown v. News-World Publishing Corp., 245 So.2d 430 (La.App. 2d Cir. 1971) this court held:

“The threshold issue in any libel action is whether or not the statements made are defamatory or libelous.
“A statement is defamatory when it tends to expose a person to contempt, hatred, ridicule or obloquy; or which causes a person to be shunned or avoided; or which has a tendency to deprive him of the benefits of public confidence or injure him in his occupation; and includes almost any language which upon its face has a natural tendency to injure the person’s reputation, either generally or with respect to his occupation. The intent and meaning of an alleged defamatory statement must be gathered not only from the words singled out as libelous but from the context as well, and the true meaning must be ascertained from a consideration of all parts of the statement as well as the circumstances of its publication. The test is the effect the article is fairly calculated to produce and the impression it would naturally engender in the minds of the average persons among whom it is intended to circulate. Madison v. Bolton, 234 La. 997, 102 So. 2d 433 (1958); Mulina v. Item Co., 217 La. 842, 47 So.2d 560 (1950); Tate v. Nicholson Pub. Co., 122 La. 472, 47 So. 774 (1908).
“An exception of no cause of action admits, for the purpose of consideration of the exception, all facts that are pertinent and well-pleaded in the petition. In determining whether plaintiff has set forth a cause of action for libel this court should give due weight to every portion of the articles complained of and to every fact set out in the petition. Otero v. Ewing, 162 La. 453, 110 So. 648 (1926). See also Gray v. Ouachita Coca [824]*824Cola Bottling Company, 126 So.2d 862 (La.App. 2nd Cir. 1961).
“Plaintiff has alleged and contends that the editorial in question portrays him as “a pig, a criminal, an incompetent, lazy and dishonest’.

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Related

Elmer v. Coplin
485 So. 2d 171 (Louisiana Court of Appeal, 1986)
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Fleming v. Michot
299 So. 2d 802 (Supreme Court of Louisiana, 1974)

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295 So. 2d 821, 1974 La. App. LEXIS 3169, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fleming-v-michot-lactapp-1974.