Garland Miller v. Desoto Regional Health System

CourtLouisiana Court of Appeal
DecidedDecember 11, 2013
DocketCA-0013-0639
StatusUnknown

This text of Garland Miller v. Desoto Regional Health System (Garland Miller v. Desoto Regional Health System) 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
Garland Miller v. Desoto Regional Health System, (La. Ct. App. 2013).

Opinion

STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT

13-639

GARLAND MILLER

VERSUS

DESOTO REGIONAL HEALTH SYSTEM, ET AL.

**********

APPEAL FROM THE ELEVENTH JUDICIAL DISTRICT COURT PARISH OF SABINE, NO. 64,651 HONORABLE STEPHEN B. BEASLEY, DISTRICT JUDGE

PHYLLIS M. KEATY JUDGE

Court composed of John D. Saunders, Shannon J. Gremillion, and Phyllis M. Keaty, Judges.

AFFIRMED.

Pamela N. Breedlove Breedlove Law Firm Post Office Box 8667 Bossier City, Louisiana 71112 (318) 423-0845 Counsel for Defendant/Appellee: Desoto Regional Health System Charles D. Soileau Charles D. Soileau, APLC 730 San Antonio Avenue Many, Louisiana 71449 (318) 256-0076 Counsel for Defendant/Appellee: Don Burkett

Lisa V. Johnson Corkern, Crews & Guillet, L.L.C. Post Office Box 1036 Natchitoches, Louisiana 71458-1036 (318) 352-2302 Counsel for Defendant/Appellee: Guffy Lynn Pattinson

Garland Miller In Proper Person Post Office Box 547 Natchitoches, Louisiana 71458 (318) 461-3582 Plaintiff/Appellant KEATY, Judge.

Plaintiff appeals the trial court‟s judgment granting exceptions in favor of

Defendants. For the following reasons, we affirm.

FACTS AND PROCEDURAL HISTORY

Defendant, Desoto Regional Health Systems, and Plaintiff, Dr. Garland

Miller, entered into an employment contract and office management arrangement.

Plaintiff alleges that after his contract terminated, Desoto Regional, Sabine Parish

Sheriff‟s Deputies, and others illegally entered Plaintiff‟s office with the intention

of seizing records and information to be used in a criminal case against Plaintiff.

Miller was arrested and charged with state felony theft and other criminal offenses

on September 29, 2005.

In 2007, Plaintiff was indicted on federal charges, and, in 2008, Plaintiff was

convicted of two counts of tax evasion by failing to timely file tax returns, failing

to pay tax on income, converting payments to himself and his wife to cash and

money orders, and embezzling payments due to Desoto Regional which he then

converted to cash and money orders. Failing to report as income and pay taxes on

money he embezzled from Desoto Regional were the subjects of the state law theft

charges. The U.S. Fifth Circuit Court of Appeals affirmed Plaintiff‟s conviction.

As part of the sentence, Plaintiff was ordered to pay Desoto Regional restitution in

the amount of $55,470.94.

In the federal case, Plaintiff filed a motion to suppress, alleging that

evidence had been seized without a search warrant, that Desoto Regional

employees seized records with the implicit authorization of law enforcement

officials, and that patient records and computer records were accessed and removed

without his consent. The magistrate judge held that the evidence established Desoto Regional employees were not acting as government agents, they entered

the clinic which they leased and had a right to enter, and they searched and

removed property Desoto Regional owned pursuant to the contracts between the

parties. The magistrate judge determined that neither the district attorney nor any

other governmental official had a hand in Desoto Regional‟s decision to search the

clinic but were present only to keep the peace. The magistrate judge concluded

that Desoto Regional‟s “employees simply entered a building that Desoto owned”

and recommended denial of his motion to suppress evidence. The federal district

court reviewed the report and recommendations and the record, concurred with the

findings of the magistrate judge, and denied the motion to suppress.

After his conviction, but prior to his appeal, Plaintiff filed a Motion for

Judgment of Acquittal or, Alternatively, for a New Trial. The federal district court

denied the motion. The Fifth Circuit affirmed Plaintiff‟s conviction. Plaintiff

subsequently filed a Motion to Vacate, Set Aside, or Correct Sentence. The federal

district court denied the motion. Thereafter, the federal district court denied

Miller‟s writ where he argued that he was forced to make restitution for

embezzlement.

The state criminal case, which was instituted in 2005, was dismissed in 2011

after Plaintiff was released from prison on federal charges. Plaintiff subsequently

filed a petition in the state trial court naming as Defendants Desoto Regional,

Sabine Parish District Attorney Don Burkett, Sheriff Guffey Lynn Pattison, Ron

Wolfe, and unknown defendants A-Z. Plaintiff alleged Defendants were liable to

him for malicious prosecution, false arrest, unlawful search and seizure,

defamation, interference with a contract, and breach of contract. Desoto Regional

and Sheriff Pattison filed exceptions of prescription and no cause of action.

2 Burkett filed an exception of no cause of action. The trial court denied Desoto

Regional‟s and Sheriff Pattison‟s exceptions of prescription but granted the

exceptions of no cause of action as to all Defendants. The trial court granted

Plaintiff leave to cure his petition by amendment to include factually based

allegations that, when assumed true, establish at law a cause of action for the

offense(s) pled.

Plaintiff thereafter filed an amended petition. Defendants, Desoto Regional

and Sheriff Pattison, again filed exceptions of no cause of action and added

exceptions of res judicata/issue preclusion. Burkett also again filed an exception of

no cause of action. The trial court granted Defendants‟ exceptions of no cause of

action and res judicata/issue preclusion and dismissed Plaintiff‟s claims against

those Defendants. The trial court also found that Plaintiff failed to state a cause of

action for malicious prosecution on the face of his original and amended petition

against Burkett and dismissed Plaintiff‟s claims against him. It is from these

rulings that Plaintiff has appealed.

Plaintiff is now before this court asserting that: (1) the trial court erred in

ruling that there was no cause of action because there was no bona fide termination

of the proceedings since no trial was held; (2) the trial court erred in granting the

exception of prescription and dismissing the claims for defamation, slander, and

libel; and (3) the trial court erred in granting a motion for no cause of action as it

relates to breach of contract and interference with a contract.1

1 Plaintiff‟s Assignments of Error and Issues for Review appear to limit his appeal to the exceptions of no cause of action sustained as to his claims for malicious prosecution, breach of contract, and interference with a contract and an exception of prescription alleged to have been sustained as to his claims for defamation, slander, and libel. However, in his Statement of the Case, Plaintiff argues matters related to his search and seizure claim that were dismissed in response to the exceptions of res judicata and issue preclusion due to his federal conviction of tax evasion. “However, the courts of this State have considered briefs in improper form when filed

3 LAW

“In reviewing the judgment of the district court relating to an exception of

no cause of action, appellate courts should conduct a de novo review because the

exception raises a question of law and the lower court‟s decision is based solely on

the sufficiency of the petition.” Ramey v. DeCaire, 03-1299, pp. 7-8 (La. 3/19/04),

869 So.2d 114, 119.

DISCUSSION

I. Exception of No Cause of Action

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