97-0259 La.App. 1 Cir. 4/8/98, Devers v. Southern University

• Citation: 712 So.2d 199
• Parties: 97-0259 La.App. 1 Cir
• Decision Date: 08 April 1998
• Court: Court of Appeal of Louisiana (US)

Page 199

712 So.2d 199

97-0259 La.App. 1 Cir. 4/8/98, 127 Ed. Law Rep. 477

Patrick N. DEVERS v. SOUTHERN UNIVERSITY and A & M College.

Patrick N. DEVERS v. Gerald C. PEOPLES, et al.

Nos. 97 CA 0259, 97 CA 0260.

Court of Appeal of Louisiana First Circuit.

April 8, 1998.

Bernard J. Hardy, Baton Rouge, for Plaintiff/Appellee Patrick Devers.

Winston G. Decuir, David G. Sanders, Linda Law Clark, Baton Rouge, for Defendant/Appellant Southern University.

Before CARTER and FITZSIMMONS, JJ., and CHIASSON, ¹ J. Pro Tem.

[97-0259 La.App. 1 Cir. 2] CARTER, Judge.

This is an appeal by Southern University and A & M College (Southern University) from a trial court judgment declaring its dormitory sweep policy prima facie unconstitutional. The plaintiff, Patrick Devers (Devers), answered the appeal asserting the trial court erred in dismissing a number of defendants and denying his discovery motions and request for sanctions. ²

FACTS AND PROCEDURAL HISTORY

On March 8, 1995, Devers, a student at Southern University, was arrested following the discovery of twelve bags of marijuana in his dormitory room. The discovery was made pursuant to a dormitory sweep authorized by Southern University's Housing Agreement, which students living in campus housing are required to sign. Devers was issued an administrative expulsion and prohibited from attending classes.

On March 23, 1995, Devers filed a suit for damages and an injunction against Southern University. Devers sought a temporary restraining order from his expulsion. On March 27, 1995, the trial court issued an order vacating Devers' administrative expulsion and ordering Devers to only be suspended from classes until the Judiciary Committee of Southern University determined whether he had violated the Southern University code of conduct manual. The Judiciary Committee was scheduled to hold a hearing on March 30, 1995.

On March 28, 1995, while Devers was on the Southern University campus attempting to gather evidence for his disciplinary hearing before the Judiciary Committee, he was detained, arrested, and forced off the campus. Devers filed a Rule for Contempt on March 30, 1995, alleging Southern University's actions violated the March 27, 1995 court order. After hearing the charges against Devers, the Judiciary Committee found Devers guilty of the following violations of the code of student conduct: 1.13 Manufacturing, Distributing, or Selling Drugs or Narcotics; 1.14 Possession of Drugs, Narcotics or Marijuana.

[97-0259 La.App. 1 Cir. 3] The Judiciary Committee recommended Devers be expelled from Southern University. In a letter dated March 31, 1995, Gerald Peoples, the Vice Chancellor of Student Affairs, notified Devers that he agreed with the recommendation of expulsion and informed Devers of the appeal procedure. Devers never pursued the appeal procedure. Instead, on April 10, 1995, Devers amended his original suit and asserted an action under 42 U.S.C.A. § 1983, ³ arising out of the alleged unconstitutional search of his dormitory room.

On April 17, 1995, Devers filed a second lawsuit, captioned, "Patrick N. Devers v. Gerald Peoples, et al.," No. 416,026, Div. A in the 19th Judicial District Court. In this suit, Devers named Gerald Peoples, Kevin Jefferson, Joseph Broaden, and Brenda Walton, as defendants in an action seeking damages for their respective roles in having Devers removed from the Southern University campus on March 28, 1995. We note the record reflects this petition was filed again on April 28, 1995, and May 3, 1995. The allegations in this petition duplicate the allegations in Devers' earlier rule for contempt filed against Southern University.

Meanwhile in Devers' initial lawsuit, he filed a multitude of amending petitions on May 5, and May 8, 1995, naming the following individuals as defendants: Delores Spikes, Marvin Yates, Gerald Peoples, Melvin Robinson, Brenda Walton, Leeta Hayes, Roland DeRouen, Jarmeca Norris, Elise Hodge, Harrison Baptiste, Joseph Broaden, Jessie James Monroe, Patrick Fontenot, Winston DeCuir, Tolar White, Yvonne Hughes, Elvin Sterling, Kevin Jefferson, Gerald Acorn, Myrtle Joyner, Press Robinson, and Sidney Matthews.

On May 31, 1995, the trial court rendered a judgment reflecting the settlement of the part of the suit pertaining to the injunction between Devers and Southern University. Pursuant to that judgment, Devers' expulsion was reduced to a suspension for the [97-0259 La.App. 1 Cir. 4] spring term of 1995, and he would be allowed to enroll at Southern University for the fall term of 1995, and could apply to attend band camp in the summer of 1995.

Devers' two suits were consolidated on July 10, 1995. The issues presented to this court arise from judgments issued by the trial court on October 28, 1996, and November 13, 1996. The judgments are attached hereto as "Appendix A." ⁴ The judgment rendered by the trial court held Southern University's dormitory regulation authorizing warrantless searches of rooms by Southern University officials and police officers, prima facie unconstitutional. The trial court further granted summary judgment dismissing Winston DeCuir, Sidney Matthews, Patrick Fontenot, Melvin Robinson, Leeta Haynes, Roland DeRouen, Myrtle Joiner, and Jarmeca Norris; and dismissed Linda Law Clark, the Attorney General of Louisiana and the Louisiana Department of Justice based on the peremptory exception raising the objection of no cause of action.

Southern University assigns the following assignment of error:

1. Did the lower court err in granting plaintiff's motion for summary judgment declaring the dormitory sweep policy of Southern University A & M College unconstitutional on its face?

Devers answered the appeal and assigned the following assignments of error:

1. The trial court erred in denying appellee's motion for summary judgment against appellants for violation of appellee's constitutional due process rights.

2. The trial court erred in denying appellee's motion to lift discovery restrictions.

3. The trial court erred in denying appellee's motion to compel discovery and sanction appellants.

4. The trial court erred in denying appellee's motion requesting sanctions against Winston G. DeCuir or [sic] Linda Law Clark and David G. Sanders for their conduct in this action.

5. The trial court erred in denying appellee's motion to disqualify Winston DeCuir and Linda Clark and the law firm of DeCuir and Clark from appearing as counsel in this case because they are either named as defendants or will be called as witnesses in this case.

6. The trial court erred in granting the motion for summary judgment dismissing Winston G. DeCuir as a defendant.

[97-0259 La.App. 1 Cir. 5] 7. The trial court erred in granting the motion for summary judgment dismissing appellants Sidney Matthews, Patrick Fontenot, Melvin Robinson, Leeta Haynes, Jarmeca Norris, Roland DeRouen and Myrtle Joiner.

8. The trial court erred in sustaining Linda Clark's exceptions of no cause of action, no right of action and improper joinder.

9. The trial court erred in sustaining the exception of no cause of action filed by the Attorney General of Louisiana and the Department of Justice.

SUMMARY JUDGMENTS

A motion for summary judgment is a procedural device used to avoid a full scale trial when there is no genuine factual dispute. Sanders v. Ashland Oil, Inc., 96-1751, p. 5 (La.App. 1st Cir. 6/20/97); 696 So.2d 1031, 1034, writ denied, 97-1911 (La.10/31/97); 703 So.2d 29; Kidd v. Logan M. Killen, Inc., 93-1322, p. 4 (La.App. 1st Cir. 5/20/94); 640 So.2d 616, 618; Jarrell v. Carter, 632 So.2d 321, 323 (La.App. 1st Cir.1993), writ denied, 94-0700 (La.4/29/94); 637 So.2d 467; Ouachita National Bank in Monroe v. Gulf States Land & Development, Inc., 579 So.2d 1115, 1120 (La.App. 2nd Cir.), writ denied, 587 So.2d 695 (La.1991). Appellate courts are to review summary judgments de novo under the same criteria that govern the district court's consideration of whether summary judgment is appropriate. Potter v. First Federal Savings and Loan Association of Scotlandville, 615 So.2d 318, 325 (La.1993); Schroeder v. Board of Supervisors of Louisiana State University, 591 So.2d 342, 345 (La.1991); Sanders v. Ashland Oil, Inc., 696 So.2d at 1035.

The motion should be granted only if the pleadings, depositions, answers to interrogatories, and admissions on file, together with affidavits, show that there is no genuine issue as to material fact and that mover is entitled to judgment as a matter of law. LSA-C.C.P. art. 966; Potter v. First Federal Savings and Loan Association of Scotlandville, 615 So.2d at 325; Kidd v. Logan M. Killen, Inc., 640 So.2d at 618-19; Sanders v. Ashland Oil, Inc., 696 So.2d at 1034.

In 1996, the Louisiana legislature amended LSA-C.C.P. art. 966 by adding paragraph (A)(2), which states in pertinent part:

[97-0259 La.App. 1 Cir. 6] The summary judgment procedure is designed to secure the just, speedy, and inexpensive determination of every action.... The procedure is favored and shall be construed to accomplish these ends. ⁵

The summary judgment law, as amended in 1996, was explained in Hayes v. Autin, 96-287, pp. 6-7 (La.App. 3rd Cir. 12/26/96); 685 So.2d 691, 694, writ denied, 97-0281 (La.3/14/97); 690 So.2d 41:

Under the amended statute, the initial burden of proof remains with the mover to show that no genuine issue of material fact exists. Under Article 966(C), once the mover has made a prima facie showing that the motion should be granted, the burden shifts to the non-moving party to present evidence demonstrating that material factual issues remain. Once 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. The amendment to Article 966 brings Louisiana's standard for summary judgment closely in line with the federal standard under Fed. Rule Civ. Pro. 56(c)....

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