Lacour v. Claiborne Cnty. Sch. Dist.

• Decision Date: 06 August 2013
• Docket Number: No. 2012–CP–00897–COA.,2012–CP–00897–COA.
• Citation: 119 So.3d 1128
• Parties: Dr. Daisy M. LaCOUR, Appellant v. CLAIBORNE COUNTY SCHOOL DISTRICT, Appellee.
• Court: Mississippi Court of Appeals

119 So.3d 1128

Dr. Daisy M. LaCOUR, Appellant

v.CLAIBORNE COUNTY SCHOOL DISTRICT, Appellee.

No. 2012–CP–00897–COA.

Court of Appeals of Mississippi.

Aug. 6, 2013.

Daisy M. LaCour, appellant, pro se.

William Buckley Stewart, Robert P. Thompson, Ridgeland, attorneys for appellee.

Before GRIFFIS, P.J., ROBERTS and CARLTON, JJ.

CARLTON, J., for the Court:

¶ 1. The Claiborne County School District (School District) terminated Daisy LaCour, Ph.D., from her position as principal of Port Gibson High School in Claiborne County on April 5, 2007. Since LaCour failed to properly and timely perfect her appeal of the decision of the Claiborne County School Board (School Board) in chancery court, as required by Mississippi Code Annotated section 37–9–113 (Rev.2007), and since LaCour failed to properly file suit for breach of contract, negligence, intentional tort, or a claim pursuant to 42 United States Code section 1983, before the statute of limitations expired, we affirm the chancery court's dismissal of her claim.

¶ 2. The School District filed a motion to dismiss this appeal on October 31, 2012, and we passed this motion to the merits. In its motion, the School District claimed that LaCour failed to set forth any assignment of error in the chancery court's order granting the School District's motion to dismiss LaCour's claim. The School District cites to Robinson v. Burton, 49 So.3d 660, 665 (¶ 16) (Miss.Ct.App.2010), for the proposition that the failure to specifically identify assignments of error constitutes a procedural bar. The School District further asserts that LaCour failed to address the issues raised in the School District's motion to dismiss and the chancery court's order; instead, she argued the merits of her breach-of-contract claim. The School District argues that LaCour may not raise new issues on appeal. Finally, the School District asserts that LaCour fails to cite any legal authority to rebut the School District's claims that the chancery court lacked jurisdiction and that LaCour failed to comply with the applicable statute of limitations.

¶ 3. As to the merits of this appeal, LaCour indeed argues in her brief that the School District breached its employment contract with her, and she argues that she timely filed her action. LaCour responds to the School District's motion to dismiss by arguing that “there are no case laws that deal with ... School District ... breach of contract.” LaCour argues that the School District breached the contract by failing to pay her during the period after she was terminated and before the School Board issued a final decision after the termination hearing. LaCour's argument in response to the motion to dismiss lacks merit and fails to address the chancery court's lack of jurisdiction. As set forth later in this opinion, since LaCour failed to properly perfect in chancery court an appeal of the School Board's decision to terminate her, then neither the chancery court nor this Court possesses jurisdiction to review these issues raised on appeal. Additionally, LaCour failed to timely or properly file any original action in state court for breach of contract, intentional tort, or negligence under the Mississippi Torts Claims Act (MTCA). We address the merits of the School District's motion to dismiss this appeal with the merits of the present matter.

FACTS

¶ 4. On April 5, 2007, the School District terminated LaCour from her position as principal of Port Gibson High School in Claiborne County.¹ On April 10, 2007, she requested a termination hearing before the School Board pursuant to Mississippi Code Annotated section 37–9–59 (Supp.2012). On July 24, 2007, LaCour filed a written charge with the United States Equal Employment Opportunity Commission (EEOC) alleging sexual discrimination by the School District and by Superintendent Annie Kilcrease.

¶ 5. On February 21, 2008, and October 1, 2008, the School District held its hearing with LaCour. On October 1, 2008, the School District, through its School Board, affirmed LaCour's termination and notified LaCour's attorney of this decision by letter. On October 17, 2008, LaCour appealed the School District's decision to the Claiborne County Chancery Court.

¶ 6. Meanwhile, on September 24, 2008, the EEOC issued its written determination, finding that the School District discriminated against LaCour because of her sex, and therefore violated Title VII of the Civil Rights Act of 1964. As a result, the EEOC began conciliation efforts between LaCour and the School District. On October 27, 2008, the U.S. Department of Justice Civil Rights Division (Department) issued LaCour a letter providing notice of her right to sue within ninety days. The Department explained that it would not file suit for LaCour on her charge of discrimination; that conciliation efforts by the EEOC were unsuccessful; and that if LaCour wished to file suit herself under Title VII, then she had ninety days to do so.

¶ 7. While her appeal of her termination was pending in chancery court, LaCour filed a complaint on November 24, 2008, in the United States District Court for the Southern District of Mississippi against Superintendent Kilcrease and the School District, alleging that the District's termination of LaCour from her position as principal constituted sexual discrimination in violation of Title VII.

¶ 8. On December 22, 2008, the chancery court entered an order dismissing LaCour's appeal of the School Board's decision affirming her termination, holding that LaCour failed to file a statutory appeal bond pursuant to section 37–9–113. The chancellor also explained that since the chancery court only possessed appellate jurisdiction to hear the matter, and since LaCour “elected to file this action as an original bill of complaint,” then the chancery court possessed no jurisdiction to hear her action, since LaCour filed the action as an original complaint. LaCour did not appeal the chancellor's order of dismissal to the Mississippi Supreme Court, but instead returned to federal court.

¶ 9. On January 20, 2009, LaCour filed an amended complaint in the federal district court adding claims of intentional infliction of emotional distress and tortious interference with business relations and/or contractual relations. On March 30, 2009, the federal district court entered an agreed order dismissing LaCour's claim for intentional infliction of emotional distress. On July 29, 2009, the federal district court denied LaCour's motion to dismiss the agreed order and found the claim for intentional infliction of emotional distress barred by the statute of limitations.

¶ 10. On August 13, 2009, the School District and Superintendent Kilcrease filed a motion for summary judgment in federal district court as to the remaining claims of sexual discrimination and tortious interference with business relations and/or contractual relations. Then, on August 20, 2009, LaCour filed a cross-motion for summary judgment alleging a state-law claim for breach of contract.

¶ 11. On December 28, 2009, the federal district court rendered its opinion granting the School District's motion for summary judgment on the claims of sexual discrimination and tortious interference with business relations and/or contractual relations. The federal district court found LaCour's cross-motion moot. However, since the cross-motion raised a new state law claim of breach of contract against the School District and Superintendent Kilcrease, the district court construed the cross-motion as a motion to amend the complaint to add that state-law breach-of-contract claim. The federal district court therefore ordered the School District and Superintendent Kilcrease to respond to the motion raising the new state-law claim.

¶ 12. On January 5, 2010, LaCour filed a motion in federal district court to amend her complaint to add a breach-of-contract claim. On January 8, 2010, she filed a supplemental motion to amend asserting the same allegations as set forth in her initial motion as to the new state-law claim of breach of contract.

¶ 13. The federal district court issued an order on January 28, 2010, addressing “[w]hether [LaCour] is statutorily barred under state law from asserting a breach of contract claim under [section] 37–9–59 against [the School District and Superintendent Kilcrease] because she did not exhaust her appeals as required by Mississippi law.” Upon finding that LaCour failed to exhaust her appeals as required by state law, the district court ultimately declined to exercise supplemental jurisdiction over the state-law breach-of-contract claim and dismissed the claim, without prejudice. In its order of dismissal, the district court advised LaCour that Mississippi law provides a three-year statute of limitations on breach-of-contract claims for written contracts, and provided that the limitations period for her breach-of-contract claim would expire on April 5, 2010.

¶ 14. On July 6, 2010, the United States Court of Appeals for the Fifth Circuit affirmed the district court's ruling granting the School District and Superintendent Kilcrease's motion for summary judgment and dismissing LaCour's motion to amend her complaint and supplemental motion to amend.

¶ 15. Then, a year and a half later, on December 21, 2011, LaCour returned to state chancery court, where she filed yet another original bill of complaint alleging breach of contract. In this new action, she alleged that on April 5, 2007, the School District wrongfully terminated her from her position as principal, and she claimed breach of contract due to the School District's failure to provide a timely hearing and failure to compensate her in accordance with section 37–9–59. LaCour also alleged sexual discrimination and claimed that Superintendent Kilcrease acted with the intent to place LaCour in a state of mental anguish. Significantly, she again failed to exhaust her state statutory remedy of seeking in chancery court appellate review of...