Smith v. Knight

907 So. 2d 831, 2005 WL 1523223
CourtLouisiana Court of Appeal
DecidedJune 29, 2005
Docket39,781-CA
StatusPublished
Cited by7 cases

This text of 907 So. 2d 831 (Smith v. Knight) 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
Smith v. Knight, 907 So. 2d 831, 2005 WL 1523223 (La. Ct. App. 2005).

Opinion

907 So.2d 831 (2005)

Nachole SMITH, Plaintiff-Appellant
v.
Randy KNIGHT and Barbara Hunt, dba R & B Groceries, Defendant-Appellees.

No. 39,781-CA.

Court of Appeal of Louisiana, Second Circuit.

June 29, 2005.

*832 Brister & Brister by Kenneth Brister, Lake Providence, for Appellant.

James E. Paxton, Tallulah, for Appellees.

Before BROWN, PEATROSS and MOORE, JJ.

MOORE, J.

Nachole Smith sued her former employer, Barbara Hunt d/b/a R & B Trak Grocery, and the store manager, Randy Knight, for defamation, false imprisonment *833 and malicious prosecution arising from an investigation of $800 that disappeared from the store's safe. The district court granted a judgment of involuntary dismissal at the close of Ms. Smith's case, and she now appeals. For the reasons expressed, we affirm.

Factual Background

R & B Trak Grocery is a convenience store and gas station on Hwy. 4 in Newellton, Louisiana. In September 2001, Barbara "Bobbie" Hunt owned and operated the store. Randy Knight was the store manager.

According to Ms. Smith's petition, about three hours after she arrived at work on September 7, 2001, she was accused by Ms. Hunt of stealing money from the store, taken into custody by the Tensas Parish Sheriff's Office, and arrested for theft; the next day, however, Ms. Hunt phoned her to apologize, saying they had found the missing money, but did not offer Ms. Smith's job back. Ms. Smith filed this suit in October 2001, seeking damages for "negligent, erroneous allegations, false imprisonment and malicious prosecution."[1]

At trial, witnesses presented a rather less dramatic account of the incident. Ms. Hunt testified that Ms. Smith had been employed at the store for about two weeks. On September 7, Ms. Hunt worked in the office, located in the rear of the store, until about 3 p.m., when she came up front to work the register. She admitted she left open the door to the office as well as the door to the safe, which contained about $800 cash. Sometime around dark, she returned to the office and discovered the money missing. She and the store manager, Knight, searched the office without success.

Knight then went to the front of the store, locked the door and spoke to all employees present — Ms. Smith, Josephine Ezell (who did not testify), and the grocery manager, Paula Knight. He told them that money had disappeared from the safe, and if the person who took it would return it right away, there would be no repercussions, but if she didn't, and they found out who was responsible, they would prosecute to the full extent of the law. All denied taking the money. Meanwhile, Ms. Hunt phoned the sheriff.

Newellton Police Officers Glen Thompson and Carl Jones, as well as Tensas Parish Dep. Jack McMillan, arrived within 5-10 minutes. By this time, Knight had viewed a surveillance videotape which showed that while Ms. Hunt was out of the office, the only other person to go in was Ms. Smith. Knight showed the tape to the officers. According to all who saw it, the tape showed Ms. Smith go in the office and close the door behind her, so her activities inside could not be discerned, but she did not appear to carry anything out or pass off money to any customer in the store. Knight denied accusing Ms. Smith specifically, but according to Officer Thompson, Knight said she was the only person who could have taken it. For this reason, the officers asked Ms. Smith to come to the police department.

At the police department, officers took her into the council room and read her her Miranda rights. She told them she had entered the office, but only because Paula Knight had asked her to stock the cooler. (Ms. Knight confirmed that she told Ms. Smith to fill the cooler, and everyone admitted that the store kept extra soft drinks in the office.) Saying they did not have enough evidence to arrest her for theft, *834 the officers took Ms. Smith home. Officer Thompson estimated she spent between 15-35 minutes at the station; Ms. Smith put the time at about 30 minutes.

Ms. Smith testified that officers did not let her use the phone, and never told her she was free to leave. She explained, "I figured after they read me my rights, I thought I had to stay because that was my first time to get my rights read to me."

Early the next morning, Ms. Hunt returned to the store and found the missing money locked in the safe. Neither she nor Knight knew how this happened, but she promptly phoned the police to call off the investigation. Later she called Ms. Smith and apologized, but told her (according to Ms. Smith), "Better luck at your next job." Ms. Smith understood this as Ms. Hunt's way of firing her. She testified that because of this incident, she could not get work at the other local convenience store, Circle K. She ultimately moved to Tallulah and found similar work there.

Trial Procedure

At the beginning of trial, Ms. Smith's counsel objected to any reference to the content of the surveillance videotape unless the tape itself could be introduced; the court stated it would view the tape. Defense counsel said R & B Trak had "an installed camera system" which would have to be removed from the store to play the tape, but that the court and opposing counsel were welcome to come to the scene and view it in situ. The court said it would do so. As noted, the court permitted several witnesses to describe what they saw on the tape.

After Ms. Smith rested her case, defense counsel orally moved for involuntary dismissal. The court said it had not yet viewed the videotape, and asked whether involuntary dismissal was proper before all evidence was introduced. After hearing arguments, the court ruled that regardless of what the tape showed, Ms. Smith had proved no right to relief on any of her three claims. The court granted judgment in favor of the defendants, dismissing Ms. Smith's suit. She has appealed, raising three assignments of error.

Discussion: False Imprisonment

By her first assignment, Ms. Smith urges the district court erred in involuntarily dismissing her claim of false imprisonment. She contends that the defendants locked the door to the place of employment, thus impeding the unrestrained movement of the employees; they then took her into the office, and ultimately to the police station, for questioning. She concedes that an employee's subjective feelings of restraint are not actionable, Kelly v. West Cash & Carry Bldg. Materials, 99-0102 (La.App. 4 Cir. 10/20/99), 745 So.2d 743, but argues that she was objectively restrained when Knight locked the door.

The defendants contend that questioning a store employee regarding missing items does not constitute false imprisonment. Kelly v. West Cash & Carry, supra. They concede that Knight locked the door, but submit that this action was reasonable and did not totally restrain Ms. Smith. They also contend that the officers' decision to take Ms. Smith to the station for questioning cannot be charged to the citizen who initiated the complaint. Hughes v. Gulf International, 91-0495 (La.App. 4 Cir. 1/16/92), 593 So.2d 776, writ denied, 92-0466 (La.4/3/92), 595 So.2d 658.

As it pertains to this case, involuntary dismissal is defined in La. C.C.P. art. 1672 B:

In an action tried by the court without a jury, after the plaintiff has completed the presentation of his evidence, any party, without waiving his right to offer evidence in the event the motion is not *835

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Cite This Page — Counsel Stack

Bluebook (online)
907 So. 2d 831, 2005 WL 1523223, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-knight-lactapp-2005.