Henderson v. Guillory

546 So. 2d 244, 1989 WL 63852
CourtLouisiana Court of Appeal
DecidedJune 14, 1989
Docket20593-CA
StatusPublished
Cited by8 cases

This text of 546 So. 2d 244 (Henderson v. Guillory) 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
Henderson v. Guillory, 546 So. 2d 244, 1989 WL 63852 (La. Ct. App. 1989).

Opinion

546 So.2d 244 (1989)

Robert Y. HENDERSON, Plaintiff-Appellee,
v.
D.R. GUILLORY, et al., Defendants-Appellants.

No. 20593-CA.

Court of Appeal of Louisiana, Second Circuit.

June 14, 1989.
Rehearing Denied July 13, 1989.

*245 William T. Guste, Jr., Atty. Gen., Houston T. Penn, Asst. Atty. Gen., Baton Rouge, for defendants-appellants.

Culpepper, Teat & Avery by Bobby L. Culpepper, Jonesboro, for plaintiff-appellee.

Before FRED W. JONES, Jr., SEXTON and LINDSAY, JJ.

LINDSAY, Judge.

The defendant, D.R. Guillory, appeals a trial court judgment ordering him to pay the plaintiff, Robert Y. Henderson, $20,000 in damages for defamation of character. For the following reasons, we reverse.

FACTS

The plaintiff, Robert Y. Henderson, was formerly the assistant warden at Wade Correctional Center. The plaintiff filed suit for defamation against the defendant, D.P. Guillory, formerly the warden at Wade, and several ladies employed in the administrative office of that facility, Lynn Hutson, Judy Houck, Cindy Fowler and Jerri Hamilton. The plaintiff contended *246 that the ladies filed an unfounded disciplinary complaint against him accusing him of failing to take action against one of the officers at the facility for a rule violation. The plaintiff contends that after he and Guillory had investigated the initial incident, Guillory instructed him to take no action on the matter and that Guillory breached a duty to the plaintiff by failing to quash the complaint as soon as it was filed by the administrative employees.

The events serving as the basis for this suit began in the early morning hours of June 10, 1985. At 5:30 a.m. on that date, Wade employees were in the roll call room of the facility preparing to begin their daily activities.

Officer John Hopkins made disparaging and crude remarks concerning the relationship between Major Forrest Richard and the ladies employed in the administrative office at Wade. The remarks were to the effect that Major Richard was spending too much time in the administrative office in order to be near certain ladies who worked there. Major Richard's sister, Linda Marie Moore, who was also employed at Wade, was present in the roll call room and heard Officer Hopkins' remarks. When the shift supervisor, Capt. R.N. Compton, failed to take any action against Officer Hopkins, Ms. Moore asked to be excused from the room.

Ms. Moore later located Major Richard and informed him of the comments which had been made about him. At 8:15 a.m. on June 10, 1985, Major Richard went to the plaintiff's office, accompanied by Officer Hopkins and Capt. Compton. A heated confrontation ensued in the plaintiff's office. Warden Guillory intervened and ordered everyone into his office. While in Warden Guillory's office, Officer Hopkins apologized to Major Richard. At that time, Warden Guillory indicated that the matter was concluded and that he wanted to hear no more about the incident. Guillory also instructed Henderson to inquire as to whether Richard wanted to file a complaint, known as a DR-1, against Hopkins. Henderson made the inquiry as directed, and Major Richard stated he was not going to file a complaint.

Within the Department of Corrections, any employee who observes a violation of the Department's rules by another employee may file a DR-1 complaint. One of the rules of the Department of Corrections prohibits negative comments by employees against each other. Upon the filing of a DR-1, the accused employee's supervisor is to conduct a first level hearing.[1] This first level hearing is informal and consists of a discussion between the supervisor and the employee against whom the complaint has been filed. The employee may have one other person present at the hearing.

Later, the ladies employed in the administrative office heard about Hopkins' comments and became upset because they felt that the comments impugned their character. They perceived that no official action had been taken against Hopkins. Therefore, on June 18, 1985, without discussing the matter with Warden Guillory or voicing their concerns to him, they filed a DR-1 against Hopkins. They also filed a DR-1 against the plaintiff, claiming he failed to take action on a reported violation as he was required to do by the rules of the Department of Corrections. The DR-1 against the plaintiff was filed with the defendant, Warden Guillory, who was plaintiff's supervisor. Guillory was out of town at the time the complaint was filed.

*247 After reviewing the DR-1, Warden Guillory contacted the plaintiff in order to schedule a hearing on the complaint. The Warden had not discussed the complaint with the ladies before contacting plaintiff. Plaintiff stated that he wanted to have his attorney present when any proceedings were conducted. Thereafter, the plaintiff appeared with his attorney and, at the request of the attorney, Warden Guillory recused himself from the hearing. Another employee of the Department of Corrections heard the complaint and dismissed it as being unfounded.

Following the dismissal of the complaint, the plaintiff filed suit against the defendants for defamation. The defendants were sued as individuals. Neither the State nor the Department of Corrections were named as defendants. The plaintiff contended that the mere filing of a DR-1 went into his personnel file and could adversely affect his career with the Department of Corrections. He also contended that the incident adversely affected his authority and relationships with other prison personnel.

Trial was held on June 14, 1987. The trial court dismissed the suit as to all defendants except Guillory. The court found that Guillory was responsible for telling the plaintiff not to take any action at the time of the initial incident. The court then reasoned that Guillory had an obligation to inform the complainants that it was Guillory himself who had previously instructed the plaintiff to take no further action and that the matter was closed. His failure to inform the complainants of what had transpired evidenced a malicious intent to cause the plaintiff embarrassment and mental anguish and to damage his reputation within the Department of Corrections. The court found that Guillory's actions were "designedly malevolent" and ordered him to pay the plaintiff $20,000 in damages.

Guillory's motion for new trial was denied. Guillory then appealed the trial court judgment.

On appeal, the defendant asserts, in essence, that the trial court committed manifest error in finding that he damaged the plaintiff's reputation or caused him mental anguish. The defendant also contends that as a public official, being sued for activities arising from his employment, the trial court erred in requiring him to post bond or pay costs accrued in the trial court before going forward with this appeal. The defendant also assigned numerous other errors which are unnecessary for our consideration in light of our reversal of the trial court judgment as being manifestly erroneous.

DAMAGE TO REPUTATION

The plaintiff sued the defendants on the theory that under LSA-C.C. Art. 2315, their actions in filing a complaint against him and in processing that complaint to a first level hearing damaged his professional reputation. The plaintiff argues in terms of defamation, a common law action which has found its way into Louisiana law under our general tort principles relative to "fault".

A communication is defamatory if it tends to harm the reputation of another so as to lower him in the estimation of the community. Elmer v. Coplin, 485 So.2d 171 (La.App.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Metoyer v. AMERICAN EAGLE AIRLINES, INC.
806 F. Supp. 2d 911 (W.D. Louisiana, 2011)
Connor v. Scroggs
821 So. 2d 542 (Louisiana Court of Appeal, 2002)
Steed v. ST. PAUL'S UNITED METH. CHURCH
728 So. 2d 931 (Louisiana Court of Appeal, 1999)
Hines v. Arkansas Louisiana Gas Co.
613 So. 2d 646 (Louisiana Court of Appeal, 1993)
Doe v. Entergy Services, Inc.
608 So. 2d 684 (Louisiana Court of Appeal, 1992)
Wright v. Dollar General Corp.
602 So. 2d 772 (Louisiana Court of Appeal, 1992)
Martin v. Lincoln General Hosp.
588 So. 2d 1329 (Louisiana Court of Appeal, 1991)
Henderson v. Guillory
551 So. 2d 635 (Supreme Court of Louisiana, 1989)

Cite This Page — Counsel Stack

Bluebook (online)
546 So. 2d 244, 1989 WL 63852, Counsel Stack Legal Research, https://law.counselstack.com/opinion/henderson-v-guillory-lactapp-1989.