Cynthia Wilson v. Bunkie General Hospital

NOT DESIGNATED FOR PUBLICATION

STATE OF LOUISIANA
COURT OF APPEAL, THIRD CIRCUIT

10-1194

CYNTHIA WILSON

VERSUS

BUNKIE GENERAL HOSPITAL, ET AL.

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APPEAL FROM THE
TWELFTH JUDICIAL DISTRICT COURT
PARISH OF AVOYELLES, NO. 2009-3162-B
HONORABLE WILLIAM BENNETT, DISTRICT JUDGE

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OSWALD A. DECUIR
JUDGE

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Court composed of John D. Saunders, Oswald A. Decuir, and Jimmie C. Peters,
Judges.

AFFIRMED.

Randall L. Champagne
Watson, Blanche, Wilson & Posner
P. O. Drawer 2995
Baton Rouge, LA 70821
(225) 387-5511
Counsel for Defendants/Appellees:
Bunkie General Hospital
Linda Deville

Donald R. Dobbins
Donald R. Dobbins & Associates, LLC
327 North Boulevard, Suite 103
Baton Rouge, LA 70801
(225) 387-6010
Counsel for Plaintiff/Appellant:
Cynthia Wilson

DECUIR, Judge.

Cynthia Wilson filed this suit for defamation against her employer, Bunkie

General Hospital, and her supervisor, Linda Deville, after she was arrested, charged,

and ultimately acquitted of theft. The trial court granted summary judgment in favor

of the defendants, and Wilson has appealed. For the following reasons, we affirm.

The facts in the record before us show that Wilson was employed in the

housekeeping department of the hospital and had possession of a key to a certain

storage closet. On October 17, 2007, Wilson worked from 10:30 a.m. to 7:00 p.m.,

and at some point prior to 7:00 p.m., a shipment of linens was delivered and placed

in the storage closet. The following morning, the linens were missing from the

storage closet, and the Bunkie Police Department was called to investigate. The

investigating officer interviewed numerous employees, including Wilson. Later that

day, Wilson was asked by the officer to accompany him to the police station for

further questioning. Wilson agreed, but once there, she refused to answer any

questions.

Several weeks later, Wilson gave a statement to the police. On February 12,

2008, Wilson was arrested and charged with felony theft, which was later reduced to

misdemeanor theft. A bench trial was held on August 21, 2008, and Wilson was

acquitted of the theft charge based on, the defendants allege, a lack of evidence

presented by the State. Wilson then filed this suit against her employer and

supervisor alleging defamation. In granting summary judgment in favor of the

defendants, the trial court provided the following analysis:

It is quite clear that in order to maintain an action in defamation,
a plaintiff must prove defamatory words; publication; falsity; malice,
either actual or implied; and resulting injury. Cangelosi v. Schwegmann
Bros., 390 So.2d 196 [(La.1980)].

In the case at bar, Wilson is alleging that the defamatory words
were spoken or written by Linda Deville in her execution of an Affidavit
of probable cause completed at the request of the Bunkie Police
Department. This Affidavit submits probable cause that Wilson
committed an offense. This Affidavit was executed by Deville after an
investigation by the Bunkie Police Department and it is well-settled
Louisiana law that the employer has the right to investigate suspected
wrong doing of its employees without, for that reason, becoming liable
for defamation when others become aware of the investigation. Toomer
v. Breaux, 146 So.2d 723 [(La. App. 3 Cir. 1962)].

As stated in Cyprien v. Bd. of Supervisors, [08-1067 (La.
1/21/09), 5 So.3d 862], even when a plaintiff makes a prima facie
showing of the essential elemants of defamation, recovery may be
precluded if the defendant shows either that the statement was true, or
that it was protected by a privilege, absolute or qualified. In the case at
bar, statements made by an employer to law enforcement officials in the
course of an investigation of criminal activity are privileged and provide
no basis for a defamation action, even assuming the accuracy of a
plaintiff’s allegations. Aranyosi v. Delchamps, Inc., [98-1325 (La.App.
1 Cir. 6/25/99)], 739 So.2d 911 [, writ denied, 99-2199 (La. 11/5/99),
750 So.2d 187;] Toomer, supra.

Bunkie General Hospital alleges that the execution of the
Affidavit by Linda Deville was simply a result of the investigation by
Bunkie Police Department and was an allegation that there was probable
cause to have a magistrate issue a warrant for arrest.

The alleged defamatory words are set forth in an Affidavit
executed by Detective Chad Jeansonne and Linda Deville on February
12, 2008 in the presence of this Judge.

The specific allegations are that Cynthia Wilson did on or about
October 18, 2007 commit a Theft. Specifically, the Affidavit states that:

“. . . In that on 10-18-07 Linda Deville of Bunkie General
Hospital contacted the Bunkie Police Department and
advised an unknown suspect or suspects [unlawfully]
removed a large amount of linen [from a closet] located in
the interior of the hospital. The Affiant explains the total
amount of monetary loss incurred to the hospital is
approximately $8,486.00. On October 18, 2007 a majority,
but not all of the linen was returned to the hospital in a
locked outer door where only employees with keys had
access. On October 18, 2007, employee Crystal Mathews
discovered the linen closet was empty and reported it to the
complainant. Investigation reveals two employees were
working in housekeeping during the time of the offense.

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They are identified as Cynthia Wilson and Latoya
Washington. During interviews, suspect Wilson denied
working on the hall, thus having access to the linen closet.
Investigation revealed that suspect Wilson did work on the
floor and had access to the linen closet. Suspect Wilson
unlawfully removed linen from the closet without consent
and with the intent to permanently deprive.”

This Affidavit was executed by two individuals - - Detective Chad
Jeansonne and Linda Deville. This litigation was not instituted against
Detective Jeansonne, it being instituted only against Linda Deville and
Bunkie General Hospital. A specific review of the facts stated in the
Affidavit simply reveals allegations made against Cynthia Wilson which
justify probable cause for her arrest. These certainly are not defamatory
words which are negligent per se. These are allegations made against
Wilson after an investigation completed by the Bunkie Police
Department. These are statements made to the Bunkie Police
Department and to the Court to justify probable cause to charge Wilson
with the offense. This type of Affidavit and statement certainly does not
meet the criteria to constitute publication of defamatory words. The
words were simply entered in a probable cause Affidavit and were
accepted as same . . . .

In the case at hand, there is no question that the alleged
publication made in connection with obtaining an arrest warrant was
privileged. Statements made by an employer to law enforcement
officials in the course of an investigation of criminal activity are
privileged. Since the communication at hand falls under this privilege,
there can be no publication, and therefore, the plaintiff’s action for
defamtion must fail.

On appeal of a summary judgment, an appellate court reviews the record de

novo to determine whether there is any genuine issue of material fact and whether the

movant is entitled to judgment as a matter of law. La.Code Civ.P. art. 966; Harrah's

Bossier City Inv. Co., LLC v. Bridges, 09-1916 (La. 5/11/10), 41 So.3d 438; La.

Safety Ass’n of Timbermen Self-Insurers Fund v. La. Ins. Guar. Ass’n, 09-0023

(La. 6/26/09), 17 So.3d 350.

We have reviewed the record de novo and pertinent jurisprudence and conclude

there is no error in the ruling of the trial court. Wilson was unable to provide

evidence to support a claim for defamation in response to the defendants’ motion for

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summary judgment. As the trial court explained, Wilson offered insufficient evidence

of publication, an essential element of a defamation claim.

Summary judgment in favor of the defendants is hereby affirmed. Costs of this

appeal are assessed against the plaintiff, Cynthia Wilson.

AFFIRMED.

This opinion is NOT DESIGNATED FOR PUBLICATION. Uniform Rules—Courts of
Appeal, Rule 2–16.3.

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