Marcus Randall v. Board of Supervisors of Southern University and A&M College, Louisiana High School Athletics Association, Louisiana High School Coaches Association, Herman Brister, Jr., Individually and in his Official Capacity as Director of The Southern University La

• Court: Louisiana Court of Appeal
• Decided: August 23, 2021
• Docket: 2021CW0176
• Status: Unknown

Opinion

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

MARCUS RANDALL NO. 2021 CW 0176 PAGE 1 OF 2 VERSUS

BOARD OF SUPERVISORS OF SOUTHERN UNIVERSITY AND A& M COLLEGE, LOUISIANA HIGH SCHOOL ATHLETICS ASSOCIATION, LOUISIANA HIGH SCHOOL COACHES ASSOCIATION, HERMAN BRISTER, JR.,

INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY AS DIRECTOR OF THE SOUTHERN UNIVERSITY LAB SCHOOL, EDDIE BONINE, AUGUST 23, 2021 TERENCE WILLIAMS

In Re: Board of Supervisors of Southern University and A& M

College and Herman Brister, Jr., applying for

supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 662073.

BEFORE: WHIPPLE, C. J., CHUTZ AND HESTER, JJ.

WRIT GRANTED. The district court' s January 21, 2021 judgment denying the motion for partial summary judgment filed

by Defendants, Board of Supervisors of Southern University and

A& M College and Herman Brister, Jr., is hereby reversed. A

defamation claim requires the plaintiff to prove ( 1) a false and

defamatory statement about another; ( 2) an unprivileged

publication to a third party; ( 3) fault ( actual or implied malice); and ( 4) injury. Bindom, v. Kirby, 2018- 0009 ( La. App. 1st Cir. 4/ 23/ 191,, 276 So. 3d 550, 555, citing Kennedy v. Sheriff

of E. Baton Rouge, 2005- 1418 ( tea. 7/ 10/ 06), 935 So. 2d 669, 674. Defendants successfully pointed out to the court the absence of

factual support for the first element of Plaintiff' s defamation claim: a false and defamatory statement. At that point, the

burden shifted to Plaintiff to produce factual support

sufficient to establish the existence of a genuine issue of

material fact or that the mover is not entitled to judgment as a

matter of law. Plaintiff failed to do so; therefore, Defendants

are entitled to summary judgment on this issue. As to

Plaintiff' s 42 U. S. C. § 1. 983 deprivation of liberty claim.

against Mr. Brister, we find that qualified immunity applies.

Although it is doubtful that Plaintiff will be able to prove

each of the elements of his 42 U. S. C. § 1983 claim at trial, Mr.

Brister established that his conduct did not violate clearly established or constitutional rights of which a statutory reasonable person would have known. See Pearson v. Callahan, 555 U. S. 223, 231, 129 S. Ct. 808, 815, 172 L. Ed. 2d 565 2009), quoting Harlow v. Fitzgerald, 457 U. S. 800, 818, 102 S. Ct. 2727, 2738, 73 L. Ed. 2d 396 (-! 982). Therefore, it was

incumbent upon Plaintiff to present controlling authority that

defines the contours of the right in question with a high degree of particularity." See Wigginton v. Jones, 964 F. 3d 329, 335 ( 5th Cir. 2020), cert. denied, _ U. S. _, 141 S. Ct. 1268, 209 L. Ed. 2d 10 ( 2021). Plaintiff failed to establish that Mr. Brister is not entitled to qualified immunity, and

therefore, that Mr. Brister is not entitled to judgment as a

matter of law. Accordingly, Defendants' motion for partial STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT NO. 2021 CW 0176 PACE 2 OF 2

summary judgment is granted. The claims asserted by Plaintiff, Marcus Randall, against Defendant, Herman Brister, Sr., are

dismissed with prejudice, and the defamation claim asserted by Plaintiff, Marcus Randall, against Defendant, Board of

Supervisors of Southern University and A& M College, is dismissed with prejudice.

VGW

WRC CHH

WDF PUT YCI IERK OF COURT FOR THE COURT