Mitchell v. Villien

19 So. 3d 557, 2008 La.App. 4 Cir. 1470, 2009 La. App. LEXIS 1589, 2009 WL 2751145
CourtLouisiana Court of Appeal
DecidedAugust 26, 2009
Docket2008-C-1470
StatusPublished
Cited by13 cases

This text of 19 So. 3d 557 (Mitchell v. Villien) 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
Mitchell v. Villien, 19 So. 3d 557, 2008 La.App. 4 Cir. 1470, 2009 La. App. LEXIS 1589, 2009 WL 2751145 (La. Ct. App. 2009).

Opinions

BONIN, Judge.

|TOn August 29, 2002, the Orleans Parish coroner, after performing an autopsy, concluded that Cathy Hall was not the victim of a gunshot wound. On the preceding day, NOPD Homicide Detective John Hunter had arrested Ms. Hall’s boyfriend, Christopher Mitchell, for second-degree murder after a report to NOPD from emergency room physician Dr. Paul Villien, Jr., that Ms. Hall suffered a gunshot wound. Mr. Mitchell sued Dr. Vil-lien 1 for defamation, false arrest and im[560]*560prisonment. After discovery, Dr. Villien moved for dismissal by summary judgment, which was denied by the trial court.2

|2For the reasons which follow, we now reverse, grant judgment in favor of Dr. Villien and against Mr. Mitchell, dismissing his claims with prejudice. We also remand the case to the district court for further proceedings against the remaining defendants.

I

Mr. Mitchell resided with his long-time companion, Ms. Hall, in a Mid-City apartment near Mercy Hospital. Over the course of several days, Ms. Hall’s physical condition appeared to deteriorate. Mr. Mitchell observed that Ms. Hall was bleeding from a head wound, which he thought was caused from a fall. Without a telephone, he walked to the hospital to request an ambulance, but was instructed he must request it by using a nearby pay phone, which he did. He then walked back to their apartment and met the emergency unit. Ms. Hall was alive, but not coherent when the unit arrived. She was, however, dead upon arrival at Mercy.

Dr. Villien, the emergency room physician on duty, examined Ms. Hall’s body and observed a wound or hole in her forehead from which she had been bleeding copiously. This 1-cm-in-diameter deep round wound on her forehead was suggestive of a penetrating wound such as a gunshot or other bone-piercing object.3 Additionally, a wound on the back of her head demonstrated ecchymosis and soft-tissue “boggy” swelling, which would be consistent with a gunshot projectile that entered the forehead but did not exit the back of the head.

Dr. Villien instructed his staff to contact the police department and report the matter. In response to the notification, Detective Hunter arrived at the emergency room, accompanied by another homicide detective. Dr. Villien personally explained to the homicide detective that he believed that the wound on Ms. Hall’s | aforehead was from a gunshot. He demonstrated to the detectives by placing his finger in the hole. He showed them the condition of the back of her head, which Detective Hunter recognized from his own experience as appearing the same as when a bullet has not exited the head.

[561]*561Mr. Mitchell was still at Mercy when the detectives arrived. After speaking with Dr. Villien and viewing Ms. Hall’s body, Det. Hunter interviewed Mr. Mitchell at the hospital. Because the detective had no basis at that time to question Dr. Villien’s report of a gunshot wound, many of Mr. Mitchell’s answers to the investigator’s questions appeared inconsistent, contradictory, and inculpatory. After leaving the hospital, Det. Hunter took Mr. Mitchell to a police station; after subsequent investigation, Det. Hunter arrested him and booked him into parish prison. Throughout the interviews, and even after being cautioned with his Miranda rights, Mr. Mitchell was fully cooperative with the investigation. During his deposition, Det. Hunter emphasized that he would not have arrested Mr. Mitchell except that Dr. Vil-lien had expressed his opinion that Ms. Hall was a gunshot victim.

Ms. Hall’s body was immediately transferred to the Orleans Parish coroner. Within hours, the examining coroner reported to Det. Hunter that there was no gunshot wound. After visiting and viewing the apartment with Det. Hunter, the coroner concluded that Ms. Hall died of natural causes. This prompt official determination was immediately communicated to Det. Hunter, but it did not result in Mr. Mitchell’s immediate release from incarceration.

We have no information why this determination was not communicated to a magistrate at a statutory 48-hour hearing, or whether such a hearing was even ^conducted.4 Not until October 4, 2002, the date of the scheduled preliminary hearing, was the charge of second-degree murder of Ms. Hall dropped and Mr. Mitchell released from parish prison.5

II

Dr. Villien assigns three errors to the district court in its failure to dismiss the claims against him by summary judgment. First, he urges that Dr. Villien held a “qualified privilege” when he dutifully reported his diagnosis of the gunshot wound in compliance with La. R.S. 14:403.5.6 Second, Dr. Villien contends that Mr. Mitchell failed to allege that Dr. Villien restrained him, so that the false arrest claim should have been dismissed by summary judgment. Third, Dr. Villien argues that the New Orleans Police Department’s “independent investigation” of the death of Ms. Hall “broke the chain of causation,” so that as an intervening cause, that investigation obviated Mr. Mitchell’s claim for negligence or false imprisonment against Dr. Villien.

Mr. Mitchell contends that “[although Dr. Villien enjoys a conditional or qualified [562]*562privilege in connection with the reporting of a crime,” his reckless disregard of the truth negates that privilege. Additionally, he contends that Dr. Villien is liable for the police department’s actions because Detective Hunter testified that he would not have arrested Mr. Mitchell “but for” Dr. Villien’s statement “that the deceased had a gunshot wound to the head.”

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Appellate courts review summary judgments de novo and utilize the same criteria that govern the district court’s consideration of whether summary judgment is appropriate. Kennedy v. Sheriff of East Baton Rouge Parish, 05-1418, pp. 25-26 (La.7/10/06), 935 So.2d 669, 686; Brungardt v. Summitt, 08-0577 at p. 5 (La.App. 4 Cir. 4/8/09), 7 So.3d 879, 883.

A court must grant a motion for summary judgment “if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to material fact, and that mover is entitled to judgment as a matter of law.” Kennedy, 05-1418, p. 25 (La.7/10/06) 935 So.2d 669, 686, citing La. C.C.P. art. 966(B). The summary judgment procedure is designed to secure the just, speedy and inexpensive determination of civil actions and is now favored. La. C.C.P. art. 966(A)(2). Id., 05-1418, pp. 25-26, 935 So.2d at 686.

Pertinent to the inquiries before us regarding the allocation of burdens of proof on a motion for summary judgment, La. C.C.P. art. 966(C)(2) provides:

The burden of proof remains with the movant. However, if the movant will not bear the burden of proof at trial on the matter that is before the court on the motion for summary judgment, the movant’s burden on the motion does not require him to negate all essential elements of the adverse party’s claim, action, or defense, but rather to point out to the court that there is an absence of factual support for one or more elements essential to the adverse party’s claim, action, or defense.

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Mitchell v. Villien
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Cite This Page — Counsel Stack

Bluebook (online)
19 So. 3d 557, 2008 La.App. 4 Cir. 1470, 2009 La. App. LEXIS 1589, 2009 WL 2751145, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mitchell-v-villien-lactapp-2009.