Leon Boyd v. Rapides Parish Sheriff's Department

STATE OF LOUISIANA
COURT OF APPEAL, THIRD CIRCUIT

24-537

JOHN KITE, ET AL.

VERSUS

RAPIDES PARISH SHERIFF’S DEPARTMENT, ET AL.

CONSOLIDATED WITH

24-538

LEON BOYD, ET AL.

VERSUS

RAPIDES PARISH SHERIFF’S DEPARTMENT, ET AL.

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APPEAL FROM THE
NINTH JUDICIAL DISTRICT COURT
PARISH OF RAPIDES, DOCKET NOS. 252,993 AND 253,035
HONORABLE MARY LAUVE DOGGETT, DISTRICT JUDGE

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JONATHAN W. PERRY
JUDGE

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Court composed of Candyce G. Perret, Jonathan W. Perry, and Guy E. Bradberry,
Judges.

AFFIRMED.

Jared Dunahoe
DUNAHOE LAW FIRM
402 Second Street
Natchitoches, Louisiana 71457
(318) 352-1999
COUNSEL FOR PLAINTIFFS/APPELLANTS:
Ja’La Wanya Boyd, Ja’Marsha Deon Boyd, and Tauriez Kite

H. Bradford Calvit
Eli J. Meaux
PROVOSTY, SADLER, deLAUNAY, APC
4615 Parliament Dr., Suite 200
Alexandria, Louisiana 71315-3530
COUNSEL FOR DEFENDANTS/APPELLEES:
William Earl Hilton and The Princeton Excess and Surplus Lines Insurance
Company

Richard A. Rozanski
Richard A. Rozanski, APLC
2312 South MacArthur Drive
Alexandria, Louisiana 71301
(318) 445-5600
COUNSEL FOR DEFENDANTS/APPELLEES:
The City of Alexandria, Earl Williams, Sr. and Henry Jacobs

Misty Shannon Antoon
Law Office of Misty Shannon Antoon, LLC
2312 South MacArthur Drive
Alexandria, Louisiana 71301
(318) 792-3514
COUNSEL FOR DEFENDANTS/APPELLEES:
The City of Alexandria, Earl Williams, Sr. and Henry Jacobs

PERRY, Judge.

In this wrongful death and survival action involving a victim killed by an

escaped prisoner, Plaintiffs appeal the dismissal of their action against Defendants,

a former sheriff and his insurer, on a motion for summary judgment. We affirm the

trial court’s judgment.

FACTS AND PROCEDURAL HISTORY

McKennedy Armstead (“Armstead”) was a Department of Correction

(“DOC”) inmate incarcerated in the Rapides Parish Detention Center III, serving a

two-and-one-half-year sentence for Possession of a Controlled Dangerous

Substance, Schedule II. On June 2, 2014, Armstead was acting as a trusty

performing labor for the City of Alexandria (“the City”) at the City’s Utility

Department (“the Utility Department”). On that day, Henry Jacobs (“Jacobs”) and

Earl Williams, Sr. (“Williams”), two Utility Department employees who had been

commissioned by the Rapides Parish Sheriff (“Sheriff”), were supervising

Armstead.

While working for the Utility Department, Armstead accessed the keys to a

City truck and escaped. He drove the City vehicle near his mother’s house in

Alexandria, walked to his mother’s home, retrieved a gun and convinced his cousin,

Antonio Calhoun (“Calhoun”), to drive him to the home of his girlfriend Johnnie

Kite (“Ms. Kite”) in Grant Parish. Calhoun drove Armstead to Ms. Kite’s house and

remained in the vehicle while Armstead entered Ms. Kite’s house. Once inside, Ms.

Kite’s three children exited the house and got into Calhoun’s vehicle. After Calhoun

drove away, Armstead shot and killed Ms. Kite and then committed suicide.

On May 28, 2015, John Kite (“Mr. Kite”), father of Ms. Kite, as Administrator

of the Succession of Ms. Kite and on behalf of her minor children, Ja’La Wanya

Boyd (“Ja’La”), Ja’Marsha Deon Boyd (“Ja’Marsha”), and Tauriez Kite (“Tauriez”),

filed suit against the Rapides Parish Sheriff’s Department (“Sheriff’s Department”),

former Sheriff William Earl Hilton (“Sheriff”), the Utility Department and Mayor

Jacques Roy, alleging the wrongful death of Ms. Kite. Mr. Kite alleged that

Armstead was incarcerated in a work release program sponsored and supervised by

the Sheriff’s Department and additional supervision was provided by commissioned

deputies employed by the Utility Department and the City.

On June 3, 2015, another Petition for Damages was filed by Leon Boyd

(“Boyd”) also on behalf of the minor children of Ms. Kite, Ja’La and Ja’Marsha,

while Aline Craft (“Ms. Craft”) filed suit on behalf of the minor child, Tauriez. Boyd

alleged that he was the father, caretaker, and natural tutor of Ja’la and Ja’marsha,

while Ms. Craft alleged that she was the aunt of Tauriez and had care, custody, and

control of him. The petition filed by Boyd and Ms. Craft mirrored the claims raised

in Mr. Kite’s petition.

After the two lawsuits were consolidated, an amended and supplemental

petition was filed by Mr. Kite. It named and substituted Leon Boyd as the natural

tutor of the minor children Ja’La and Ja’Marsha. It also named and substituted

Tauriez Shaw as the natural tutor of the minor child, Tauriez Kite. A second

amending and supplemental petition was later filed, adding the following as

Defendants: Jacobs, Williams, and Princeton Excess and Surplus Lines Insurance

Company (“Princeton”), the alleged insurer of the Sheriff, Jacobs, and Williams.

Later, a third amending and supplemental petition was filed, stating that Ja’la,

Ja’Marsha, and Tauriez (collectively “Plaintiffs”) were no longer minors and sought

to be substituted as proper party plaintiffs.

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In answer to the various petitions, the Sheriff denied fault, alleged the fault of

Armstead and the City, invoked the protections of La.R.S. 9:2798.1 and La.R.S.

15:708, and further contended that Armstead was not in the process of escaping

when Ms. Kite was killed. In their answers to the various petitions, the City,

Williams, and Jacobs alleged that Armstead was not in the process of escaping when

the shooting of Ms. Kite occurred, that Armstead was motivated by purely personal

reasons, and that there was no independent duty to Ms. Kite, a Grant Parish resident,

which encompassed the risk of harm.

After discovery was completed, the Sheriff and Princeton filed a Motion for

Summary Judgment, asserting four arguments: first, the Sheriff complied with the

legal requirements outlined in La.R.S. 15:708 to allow a trusty to work for the City;

second, whether the Sheriff or a deputy should have put in place more or different

policies or should not have allowed Armstead to be selected for the City work

program were discretionary acts under the provisions of La.R.S. 9:2798.1; third,

there is no proof or evidence that the Sheriff committed criminal, fraudulent,

malicious, intentional, willful, outrageous, reckless, or flagrant misconduct; and

fourth, Plaintiffs have no proof that the unfortunate death of Ms. Kite occurred while

Armstead was in the process of escaping. Therefore, the Sheriff and Princeton asked

that they be granted summary judgment.

In a separate filing, the City, Jacobs, Williams, the Sheriff, and Princeton filed

a Joint Motion for Summary Judgment, asserting four arguments: first, Armstead

was no longer in the process of escaping when he was at Ms. Kite’s home in Grant

Parish when the offense occurred; second, Armstead was acting in furtherance of his

own pursuits when he committed the offense at Ms. Kite’s home; third, Ms. Kite

was not within the scope of duty of Defendants; and four, Defendants were not the

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cause in fact of the offense. Therefore, they sought to have the lawsuits against them

dismissed with prejudice.

Plaintiffs opposed both Motions for Summary Judgment. They made three

basic arguments contending that the Sheriff was independently and grossly

negligent: (1) in allowing Armstead to participate in the trusty program considering

his extensive and violent criminal history; (2) in failing to properly train Jacobs and

Williams; and (3) in failing to follow his policies and procedures and have the City

execute a contract to use trusties. They further argued that the Sheriff was

vicariously liable for the gross negligence of Jacobs and Williams. Additionally,

they argued that the Sheriff and the City were not entitled to the limitation of liability

found in La.R.S. 15:708(H) because Armstead was not a prisoner sentenced to a

parish prison or a prisoner in a parish prison awaiting transfer to a state correctional

facility.

In support of Plaintiffs’ contentions, they further relied upon the affidavit of

W. Lloyd Grafton (“Grafton”), who they presented as an expert in the field of law

enforcement training, actions, policies and procedures; his accompanying

deposition; as well as other depositions in the record. After Defendants objected to

Grafton’s affidavit and depositional testimony on various grounds, but before ruling

on the motions for summary judgment, the trial court heard argument on whether

Grafton lacked the expertise to offer those opinions and whether his opinions

touched on the ultimate issue for the factfinder.

On May 28, 2024, the trial court ruled in favor of the Sheriff and Princeton,

as follows:

After considering the Motions, Memoranda, Exhibits and
applicable law and hearing argument, and for the reasons for Judgment
given in open court, the Motion for Summary Judgment filed on behalf

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of Defendants, WILLIAM EARL HILTON, IN HIS FORMER
CAPACITY AS SHERIFF OF RAPIDES PARISH and THE
PRINCETON EXCESS AND SURPLUS LINES INSURANCE
COMPANY, was granted. However, the claim that THE PRINCETON
EXCESS AND SURPLUS LINES INSURANCE COMPANY
provided coverage for Earl L. Williams, Sr., and Henry Jacobs was not
before the Court; accordingly, the claims made against THE
PRINCETON EXCESS AND SURPLUS LINES INSURANCE
COMPANY for coverage for the claims made against Earl L. Williams,
Sr., and Henry Jacobs are not dismissed and remain.
IT IS HEREBY ORDERED, ADJUDGED AND DECREED
that the Motion for Summary on the Motion for Summary Judgment
brought by Defendants, WILLIAM EARL HILTON, IN HIS FORMER
CAPACITY AS SHERIFF OF RAPIDES PARISH and THE
PRINCETON EXCESS AND SURPLUS LINES INSURANCE
COMPANY, is hereby granted, dismissing all claims made against
Defendants, WILLIAM EARL HILTON, IN HIS FORMER
CAPACITY AS SHERIFF OF RAPIDES PARISH and THE
PRINCETON EXCESS AND SURPLUS LINES INSURANCE
COMPANY, but only as the insurer for the claims against Defendant,
WILLIAM EARL HILTON, IN HIS FORMER CAPACITY AS
SHERIFF OF RAPIDES PARISH, with full prejudice, with Plaintiffs
to pay the costs of the defendants, WILLIAM EARL HILTON, IN HIS
FORMER CAPACITY AS SHERIFF OF RAPIDES PARISH and THE
PRINCETON EXCESS AND SURPLUS LINES INSURANCE
COMPANY.

IT IS FURTHER ORDERED, ADJUDGED AND DECREED
that the Motion in Limine is hereby granted and that the Affidavit of
[W.] Lloyd Grafton be stricken and is not considered in opposition to
the Motion for Summary Judgment.

Plaintiffs appealed the judgment of May 28, 2024.

ASSIGNMENTS OF ERROR

1. Plaintiffs respectfully suggest the Trial Court erred when it granted
the Defendants’ Motion for Summary Judgment.

2. Plaintiffs respectfully suggest the Trial Court erred when it granted
Defendants’ Motion in Limine and struck the affidavit of Plaintiffs’
expert, W. Lloyd Grafton.

INTRODUCTION

After the trial court granted the summary judgment in favor of the Sheriff and

Princeton, it denied the Joint Motion for Summary Judgment brought by the City,

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Jacobs, and Williams, and rendered a separate judgment on July 16, 2024. After the

trial court’s denial of that motion, the City, Jacobs, and Williams applied for

supervisory review with this court, seeking to overturn that determination on the

grounds that Armstead was not in the process of escaping when the murder-suicide

occurred, and Ms. Kite’s murder was not an integral part of the escape process. This

court denied the writ application, with one judge voting to grant and docket. Kite v.

Rapides Par. Sheriff’s Dep’t, 24-376 (La.App. 3 Cir. 10/3/24) (unpublished ruling).

Subsequently, the City, Jacobs, and Williams sought a supervisory writ from

the supreme court. Finding merit in the writ application, the supreme court ordered

briefing on this matter pursuant to the provisions of La.Code Civ.P. art. 966(H).

LOUISIANA SUPREME COURT PER CURIAM

Recently, the supreme court issued a per curiam opinion that reversed the trial

court’s judgment, granted summary judgment in favor of the City, Jacobs, and

Williams, and dismissed their claims with prejudice. Kite v. Rapides Par. Sheriff’s

Dep’t, 24-1351 (La. 2/28/24), ___So.3d___. Because of the supreme courts analysis

in this companion case and as more fully explained hereinafter, we find that it is

unnecessary for us to address the suppression of Grafton’s affidavit and the

applicability of La.R.S. 15:708(H). Finding that neither of those issues are relevant

to the scope of duty the Sheriff owed Plaintiffs, we need only address whether the

trial court correctly granted summary judgment in favor of the Sheriff and Princeton.

SUMMARY JUDGMENT

Appellate courts review motions for summary judgment using a de novo

standard. Planchard v. New Hotel Monteleone, LLC, 21-347 (La. 12/10/21), 332

So.3d 623. An appellate court assesses whether summary judgment is appropriate

utilizing the same standard as the trial court to determine “whether there is any

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genuine issue of material fact, and whether the movant is entitled to judgment as a

matter of law.” Id. at 625.

Initially, the burden of producing evidence at the motion hearing is on the

mover, “who can ordinarily meet that burden by submitting affidavits or by pointing

out the lack of factual support for an essential element in the opponent’s case.”

Schultz v. Guoth, 10-343, p. 6 (La. 1/19/11), 57 So.3d 1002, 1006. Procedurally,

therefore, the court’s first task is to determine whether the moving party’s motion,

memorandum, affidavits, and supporting documents are sufficient to resolve all

material factual issues. Smith v. Our Lady of the Lake Hosp., Inc., 93-2512 (La.

7/5/94), 639 So.2d 730. “To satisfy this burden, the mover must meet a strict

standard of showing that it is quite clear as to what is the truth and that there has

been excluded any real doubt as to the existence of a genuine issue of material fact.”

Indus. Sand & Abrasives, Inc. v. Louisville & Nashville R.R. Co., 427 So.2d 1152,

1154 (La.1983).

In making this determination, the court must closely scrutinize the mover’s

supporting documents, while treating those submitted by the adverse party

indulgently. Smith, 639 So.2d 730. Moreover, because the moving party bears the

burden of proving the lack of a material issue of fact, we must view all inferences

drawn from the underlying facts in a light most favorable to the adverse party.

Schroeder v. Bd. of Supervisors of La. State Univ., 591 So.2d 342 (La.1991).

If we determine that the moving party has met this onerous burden, the burden

then shifts to “the adverse party 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.” La.Code Civ.P. art. 966(D)(1). “At that point, the

party who bears the burden of persuasion at trial (usually the plaintiff) must come

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forth with evidence (affidavits or discovery responses) which demonstrates he or she

will be able to meet the burden at trial.” Babin v. Winn-Dixie La., Inc., 00-78, p. 4

(La. 6/30/00), 764 So.2d 37, 39.

As our courts have long held, “summary judgment may be granted when

reasonable minds must inevitably conclude that the mover is entitled to judgment on

the facts before the court.” Smith, 639 So.2d at 752. However, “[o]nce the motion

for summary judgment has been properly supported by the moving party, the failure

of the non-moving party to produce evidence of a material factual dispute mandates

the granting of the motion.” Babin, 764 So.2d at 40.

We further note that the summary judgment procedure is favored and, by law,

shall be construed to accomplish the ends for which it was designed: “to secure the

just, speedy, and inexpensive determination of every action[.]” La.Code Civ.P. art.

966(A)(2).

With these principles in mind, we now turn to Defendants’ motion for

summary judgment.

ANALYSIS

Defendants argue that the Sheriff’s duty to protect the public from torts

committed by escapees does not extend after the completion of the escape and/or

activities unrelated to the escape. Defendants contend that the Sheriff’s actions were

not the cause in fact of Ms. Kite’s death as Armstead had already completed his

escape at the time of her death.

In response, Plaintiffs contend that if Armstead escaped for the specific

purpose of killing Ms. Kite, there is a genuine issue of material fact about whether

Armstead was no longer in the process of escaping when Ms. Kite was killed. Thus,

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Plaintiffs assert that this issue is fact sensitive and not appropriate for summary

judgment.

In Kite, ___So.3d at___, the court stated:

The leading case addressing the scope of the duty to protect the
public from escaped inmates is Wilson v. State Dept. of Public Safety
and Corrections, 576 So. 2d 490 (La.1991). In that opinion, we
explained that although prison authorities have a duty to prevent
inmates from escaping, that duty is intended to protect persons from
being harmed by escaping inmates while they are in the process of
escaping. Id. at. 493. We emphasized that the duty is not intended to
protect persons from harm inflicted by inmates who have already
escaped and who subsequently commit tortious acts in the furtherance
of their own pursuits. Id. Rather than looking to foreseeability or the
proximity of time and distance between the escape and the escapee’s
offense that caused the injury to his victim, we reasoned the proper
question to be answered in determining the scope of the duty is whether
the offense occurred during, or as an integral part of, the process of
escaping. Id.

In the present case, Defendants produced depositional testimony that

Armstead: (1) left the City Light Department, his designated worksite, when he stole

a City work truck and abandoned it a few blocks from his mother’s home in

Alexandria; (2) retrieved a gun from underneath his mother’s home; and (3) had his

cousin, Antonio Calhoun, drive him to the Grant Parish home of his girlfriend, where

Mr. Calhoun left with Ms. Kite’s three children; and (4) then killed Ms. Kite and

then himself. Relying on Wilson and reviewing similar evidence in Kite, ___ So.3d

at___, the supreme court stated, “On its face, this evidence indicates the escape was

complete before Mr. Armstead entered Ms. Kite’s home.” We agree with that

assessment.

Under the provisions of La.Code Civ.P. art. 966(D)(1), once Defendants

properly supported their motion for summary judgment, the burden shifted to

Plaintiffs “to produce factual support sufficient to establish the existence of a

genuine issue of material fact[.]” Plaintiffs argue in their memorandum in

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opposition to Defendants’ motion for summary judgment that the record is void of

evidence showing why Armstead killed Ms. Kite. Instead, Defendants suggested

that maybe Ms. Kite refused to give Armstead money to further his escape or that

Ms. Kite told him that he was not welcome to stay at her home because he was

wanted by the police. 1 Addressing these contentions in Kite, ___So.3d at ___,

regarding the City’s duty, the supreme court stated:

We have long recognized that mere speculation “falls far short of
the factual support required to establish that plaintiff will be able to
satisfy his evidentiary burden of proof at trial.” Babin v. Winn-Dixie
Louisiana, Inc., 2000-0078 [p. 5] (La. 6/30/00), 764 So.2d 37, 40.
Plaintiffs have produced no evidence which would suggest Mr.
Armstead’s decision to have his cousin drive him to Ms. Kite’s home
was integral to the process of escape. Rather, the fact that Mr.
Armstead left the worksite and retrieved a gun from his mother’s home
demonstrates he had successfully escaped custody and had freedom of
action at the time he chose to enter Ms. Kite’s home. The harm in this
case falls outside of the scope of the City’s duty to prevent inmates from
escaping.

The same analysis is true regarding Defendants’ duty to prevent inmates from

escaping. We find Defendants have satisfied their burden on summary judgment

when they showed an absence of factual support for an essential element of

Plaintiffs’ claim, namely, that Ms. Kite’s murder falls within the scope of

Defendants’ duty. Thus, summary judgment in favor of Defendants is required.

1
Even though Plaintiffs supported their opposition to Defendants’ motion for summary
judgment with Grafton’s affidavit, nowhere in his affidavit did he address this essential element of
proof. For this reason, we find it unnecessary to address whether the trial court erred in finding
Grafton’s affidavit and depositional testimony could not be considered. Likewise, whether the
Sheriff was grossly negligent has no relevance to this issue.

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DISPOSITION

For the foregoing reasons, the judgment of the trial court is affirmed. Costs

of this appeal are assessed to Plaintiffs, John Kite, Administrator of the Succession

of Johnnie Ketchun Kite, and on behalf of the minor children, Ja’La Wanya Boyd,

Ja’Marsha Deon Boyd, and Tauriez Kite.

AFFIRMED.

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