Brown v. Christian Bros. Univ.

• Decision Date: 15 January 2014
• Docket Number: No. W2012–01336–COA–R3–CV.,W2012–01336–COA–R3–CV.
• Citation: 428 S.W.3d 38
• Parties: Kim BROWN v. CHRISTIAN BROTHERS UNIVERSITY.
• Court: Tennessee Court of Appeals

428 S.W.3d 38

Kim BROWN

v.CHRISTIAN BROTHERS UNIVERSITY.

No. W2012–01336–COA–R3–CV.

Court of Appeals of Tennessee.

July 17, 2013 Session.

Aug. 5, 2013.

Petition to Rehearing Denied Sept. 3, 2013.

Application for Permission to Appeal Denied by Supreme Court Jan. 15, 2014.

Kim Brown, Memphis, Tennessee, Pro Se.

Stephen W. Vescovo and Margaret F. Cooper, Memphis, Tennessee, for the appellee, Christian Brothers University.

OPINION

J. STEVEN STAFFORD, J., delivered the opinion of the Court, in which ALAN E. HIGHERS, P.J., W.S., and DAVID R. FARMER, J., joined.

J. STEVEN STAFFORD, J.

This is an appeal from the trial court's grant of a directed verdict, dismissing Appellant's claims of: (1) slander/defamation; (2) false light invasion of privacy; (3) false imprisonment; (4) malicious harassment; (5) negligent supervision, hiring, and retention; (6) negligent failure to affirm identification; (7) negligence; (8) assault and battery; and (9) civil conspiracy. Appellant also raises issues concerning the scope of cross-examination and the admission of certain evidence. We conclude that the trial court did not abuse its discretion concerning either the scope of the cross-examination, or by excluding certain evidence. We further conclude that Appellant failed to put forth sufficient evidence to make out a prima facie case for any of the foregoing claims. Accordingly, we affirm the trial court's grant of a directed verdict. Affirmed and remanded.

I. Facts and Procedural History

This case involves incidents that occurred on February 27, 2011 and March 9, 2011 on the campus of Appellee Christian Brothers University (“CBU”). Appellant, thirty-nine-year-old Kim Brown, who was a former CBU student (in 2006), was on-campus allegedly doing research when he ran into a current student, Jennifer Sharp. Mr. Brown, who had led Ms. Sharp to believe that he was a twenty-two or twenty-four year old current CBU student, and that his name was Ken Brown, invited Ms. Sharp to lunch off campus. Mr. Brown and Ms. Sharp left campus in his vehicle. When they returned to campus, Mr. Brown drove through the Central Avenue entrance.

At that time, CBU police officer Kevin Shaver was manning the guard booth. Mr. Brown stopped at the booth, and was asked to produce identification. Ms. Sharp, who was in the passenger seat, showed her current student identification and Mr. Brown handed Officer Shaver his (approximately nine-year-old) CBU identification card. Because Mr. Brown did not have a student parking pass, he was instructed by Officer Shaver to go to the Office of Campus Safety to procure a sticker. Officer Shaver, thinking that Mr. Brown was a current student (as he had represented) also instructed him to have a new identification card made at campus security.

Officer Shaver radioed another security officer, Officer Jaffe, and requested that Officer Jaffe meet Mr. Brown at campus security to assist him with getting a new parking decal and student identification card. Mr. Brown parked his car, got out, and walked with Ms. Sharp toward campus security. While walking, Mr. Brown suddenly broke into a run; Ms. Sharp testified that she could hear Officer Jaffe yelling at Mr. Brown to stop, but that he continued to run into the IT Building, which is where the security office is also located. Officer Jaffe and Officer Shaver proceeded to search the building for Mr. Brown, although Mr. Brown testified that he was not aware that the officers were looking for him.

Mr. Brown's next encounter with CBU security was on March 9, 2011, when Mr. Brown again attempted to enter the CBU campus through the Central Avenue entrance. He was stopped by Officer Shaver and was asked to produce his identification card. Mr. Brown testified that he did not remember whether he proffered the card, but Office Shaver recognized Mr. Brown from the February 27 incident. Officer Shaver asked Mr. Brown to pull his car over and then asked Mr. Brown if he had any outstanding warrants. Mr. Brown stated that he did not. Although he was never arrested, Mr. Brown was temporarily handcuffed and detained while Officer Shaver completed his investigation of Mr. Brown's “odd and suspicious” behavior. After having Mr. Brown checked through the police department's national criminal data base for warrants, and finding none, Mr. Brown was released and instructed not to return to campus until he arranged a meeting with the campus police chief to explain his behavior the prior month.

On March 14, 2011, Mr. Brown filed suit against CBU, arising out of the foregoing events. Mr. Brown filed his first amended complaint on March 30, 2011, alleging thirteen causes of action: (1) slander/defamation; (2) false light; (3) false imprisonment; (4) false arrest; (5) malicious harassment; (6) negligent supervision; (7) negligent training; (8) negligent failure to affirm identity; (9) negligent infliction of emotional distress; (10) intentional infliction of emotional distress; (11) negligent retention; (12) assault and battery; and (13) civil conspiracy. Mr. Brown's ad damnum requested $50 million in compensatory damages and $50 million in punitive damages for each cause of action, amounting to a total of $1.3 billion in damages. On April 28, 2011, CBU filed an answer to the amended complaint, denying the material allegations contained therein.

The case was tried before a jury on June 11, 2012 through June 13, 2012. At the close of Mr. Brown's proof, CBU moved for a directed verdict on the ground that Mr. Brown had failed to meet his burden of proof on any of the his claims. In response, Mr. Brown admitted that his claim for “false arrest” was the same as his claim for false imprisonment. He also non-suited his claims for intentional infliction of emotional distress and negligent training. After hearing arguments on the motion for a directed verdict, the trial court orally granted the motion on June 13, 2012, dismissing all remaining causes of action. The order granting CBU's motion for a directed verdict was entered on June 22, 2012. Mr. Brown filed a timely notice of appeal.

Following the grant of CBU's motion for a directed verdict, Mr. Brown filed a motion for permission to purchase or split the purchase of the trial transcript for purposes of appellate review. CBU objected to the motion on the ground that CBU had arranged for the stenographer and had paid for the stenographer's services. CBU argued that Mr. Brown “did not participate in reserving the stenographer and did not express any interest in the trial transcript until the motion for directed verdict was granted.” By order of July 17, 2012, the trial court denied Mr. Brown's motion. Thereafter, on August 13, 2012, Mr. Brown filed a proposed statement of the evidence adduced at trial pursuant to Tennessee Rule of Appellate Procedure 24(b). On September 4, 2012, CBU filed an objection and motion to strike Mr. Brown's proposed statement of the evidence. By order of November 9, 2012, the trial court denied CBU's motion in part, and granted it in part, stating:

ORDERED AND DECREED that the voir dire and opening statement sections of [Mr. Brown's] Statement of the Evidence shall be stricken and not included in the record on appeal. IT IS FURTHER ORDERED that the transcript of the cross-examination testimony of Kim Brown and the entire testimony of Officer Kevin Shaver and Jennifer Sharp shall be approved as part of the record on appeal, and [Mr. Brown's] Statement of the Evidence setting forth the testimony of the cross-examination of Kim Brown, testimony of Officer Kevin Shaver, and testimony of Jennifer Sharp shall be stricken and not included in the record.

On December 7, 2012, Mr. Brown filed a motion requesting that this Court permit the appellate record to be supplemented. This Court entered an order on December 19, 2012, remanding the case to the trial court for the limited purpose of determining whether the appellate record should be supplemented. Although the trial court initially denied Mr. Brown's request to supplement the record, the parties ultimately agreed to include a transcript of the trial court's June 13, 2012 oral ruling on the motion for directed verdict. A consent order granting the motion to supplement the record was filed in the trial court on May 24, 2013, and a copy of the transcript of the trial court's June 13, 2012 ruling was submitted for inclusion in the appellate record. No further objection has been filed concerning the content of the appellate record. Accordingly, our review is limited to those portions of the transcripts that were approved for inclusion by the trial court.

II. Issues

Mr. Brown appeals. He raises three issues for review as stated in his brief:

1. Whether the court erred in granting CBU's Motion for Directed Verdict on the slander, false light, assault, battery, false arrest, false imprisonment, malicious harassment, civil conspiracy, negligence, and negligent failure to affirm identity claims.¹

2. Whether the court erred by allowing CBU to bring up previous litigation after Brown objected.

3. Whether the court erred in not allowing Brown to call the phone number during trial that is listed in the incident report, and in not allowing the video evidence to even be introduced, which shows cars coming into CBU's campus without being stopped by security.

Before turning to the issues, we first note that we are cognizant of the fact that Mr. Brown has proceeded pro se throughout these proceedings. It is well settled that pro se litigants are held to the same procedural and substantive standards to which lawyers must adhere. As explained by this Court:

Parties who decide to represent themselves are entitled to fair and equal treatment by the courts. The courts should take into account that many pro se litigants have no legal training and little familiarity with the judicial system. However, the courts must also be mindful of the boundary between fairness to a pro se litigant and unfairness to the pro...