Purifoy v. Mafa

• Decision Date: 28 September 2017
• Docket Number: No. W2015–00102–COA–R3–CV,W2015–00102–COA–R3–CV
• Parties: Shayla Nicole PURIFOY v. Devine MAFA
• Court: Tennessee Court of Appeals

556 S.W.3d 170

Shayla Nicole PURIFOY

v.Devine MAFA

No. W2015–00102–COA–R3–CV

Court of Appeals of Tennessee, AT JACKSON.

June 28, 2017 Session

FILED September 28, 2017

Carol Chumney, Memphis, Tennessee, for the appellant, Devine Mafa.

Marty Brett McAfee, Memphis, Tennessee, for the appellee, Shayla Nicole Purifoy.

Brandon O. Gibson, J., delivered the opinion of the court, in which J. Steven Stafford, P.J., W.S., and Kenny Armstrong, J., joined.

Brandon O. Gibson, J.

After a lengthy hearing, the trial court granted an order of protection to the appellee based upon its finding that the appellant was stalking and harassing her. The trial court denied the appellant's counter-petition for an order of protection. The appellant raises ten issues on appeal. For the following reasons, we affirm and remand for further proceedings.

I. FACTS & PROCEDURAL HISTORY

The parties to this appeal have been involved in three separate lawsuits. Shayla Purifoy worked as a staff attorney at Memphis Area Legal Services and represents victims of domestic violence. Devine Mafa is an occupational therapist who came to the United States from Zimbabwe around 2000.

In March 2013, Ms. Purifoy testified at an order of protection hearing involving Dr. Mafa. The petitioner in that proceeding was a student Ms. Purifoy knew from coaching a mock trial team. The student had previously dated Dr. Mafa and was seeking to extend an order of protection against him; Dr. Mafa was also seeking an order of protection against the student. Ms. Purifoy testified very briefly, for approximately five minutes, about factual matters. She testified regarding the mock trial team's cell phone policy and whether the student would have had access to her phone at a time when she allegedly sent messages to Dr. Mafa. Ms. Purifoy was also asked if she had seen Dr. Mafa outside of court, and she described an incident in which she had observed him being detained by police outside a bar called the Silly Goose. The proceeding was eventually dismissed, with no order of protection being entered in favor of either the student or Dr. Mafa.

Approximately eight months later, in early December 2013, Ms. Purifoy received a "friend request" from Dr. Mafa on Facebook. Dr. Mafa's Facebook page was not titled with his own name but was under the alias "Steele Balz." However, Ms. Purifoy recognized that the page belonged to Dr. Mafa because some of her mock trial students had showed her the page in the past. Ms. Purifoy did not accept Dr. Mafa's friend request. Shortly thereafter, Ms. Purifoy was contacted by some of her colleagues who alerted her to the fact that Dr. Mafa was posting videos about her publicly on Facebook. One video contained the written title: "Arrest this BLACK MAN BECAUSE HE'S BLACK. MY PROSECUTION BY AN # ANGRYBLACKWOMAN – ESQ SHAYLA NICOLE PURIFOY." The other video contained a caption stating that Ms. Purifoy lied and "used Racial Codes on the stand" that would make the KKK smile and honor her as the grand wizard. In the lengthy videos, Dr. Mafa "ranted" about his experience with Ms. Purifoy and spoke directly to her, stating things like,

For you as a black woman, you should know better. You should have your mind checked out. You should know that you don't do that.... [Y]ou are a shame. Shayla Nicole, you are a shame. You should be ashamed of yourself. Anyway, I had to rant to you a little bit....

.... You should be ashamed of yourself, Shayla Nicole. I didn't know your name then. I know it now.

Dr. Mafa stated in the video that Ms. Purifoy could get disbarred for her actions and mentioned calling "the Board" but said that he was not going to do that to another black professional. However, he said, "that hurt me. It crushed my heart." Dr. Mafa said in the video he initially thought that Ms. Purifoy was beautiful and elegant but that he no longer did. In the second video, Dr. Mafa called Ms. Purifoy "a racist lawyer" and said that her actions rose "to a level of impropriety when it comes to the Board of Professional Responsibility." He said he hoped that one day he could forgive her, but he also compared her actions to someone going to war with chemical weapons and said, "that's not acceptable, you'll be held responsible."

On December 14, 2013, Ms. Purifoy contacted Dr. Mafa by sending him a private message on Facebook. She asked Dr. Mafa to remove her photographs from his posts and to discuss any issues with her directly rather than posting in a public forum. She explained that she testified truthfully under oath and asked him not to tarnish her reputation in the community. Dr. Mafa did not respond to this message or remove the posts.

On December 19, 2013, Ms. Purifoy filed a complaint in circuit court against Dr. Mafa alleging defamation in the form of libel and negligent or intentional infliction of emotional distress. She sought an immediate temporary restraining order and also permanent injunctive relief regarding the public posts and video statements. That same day, the circuit court entered a temporary restraining order enjoining Dr. Mafa from posting Ms. Purifoy's name or pictures online or in any format; contacting Ms. Purifoy, her family, or her employer directly or indirectly; entering the building where she worked for any purpose; being present in any location where she was located; or speaking publicly about the case. Dr. Mafa was also ordered to remove all posts about Ms. Purifoy immediately.

The complaint and temporary restraining order both contain a certificate of service indicating that they were mailed to Dr. Mafa's residence.¹ Service on Dr. Mafa was attempted by the sheriff's office and a private process server, but their attempts were unsuccessful. However, Dr. Mafa apparently became aware of the lawsuit because another lengthy message was posted on his Facebook page later in December, with the following statements:

IN THE CIRCUIT COURT OF TENNESSEE FOR THE THIRTIETH JUDICIAL DISTRICT AT MEMPHIS SHELBY COUNTY

_____________________________________________

SHAYLA NICOLE PURIFOYplaintiffVsTHE GREAT Steele Balz AKA # GODMotion to Dismiss Plaintiffs complaint

_____________________________________________

Hey Yee Lord, Judge in the chamber wearing the black hood looking all important, comes he before yee this scholarly defendant named Steele Balz. He seek[s] to dismiss and throw away this docket into the trash where the pigs reside.... [C]ommunication decency act CDA 47 U.S.C. 230–c– 1 provides gives him his godly powers to speech as he pleases on the computer....

....

.... Your judgement for her would change American law and warn you. [W]e are watching you judge.

Around Christmas, Dr. Mafa continued to post additional pictures of Ms. Purifoy, apparently obtained from a Young Lawyers Division bulletin, juxtaposed beside pictures of his ex-girlfriend (the student from the mock trial team).

On December 31, 2013, Ms. Purifoy and Dr. Mafa had an encounter at the Silly Goose bar. Ms. Purifoy had previously informed the bouncer that she was trying to obtain service of process on Dr. Mafa. When she arrived with a friend on New Year's Eve, the bouncer told them that Dr. Mafa was inside. Ms. Purifoy called the private process server then proceeded inside. The private process server never came. Ms. Purifoy and Dr. Mafa had a brief encounter at the bar, but their versions of what occurred vary tremendously. According to Ms. Purifoy, she approached Dr. Mafa and said something along the lines of "Don't you think you shouldn't be here?", but Dr. Mafa acted like he did not know Ms. Purifoy, so she turned and walked away.

The next day, Dr. Mafa's Facebook page contained another photograph of Ms. Purifoy and a lengthy post about the New Year's Eve encounter, stating that "2014 started with WAR for me." According to Dr. Mafa's post, he was near the bar and saw Ms. Purifoy approaching him and pointing at him, then she cursed at him and told him that he had better leave. Dr. Mafa's post said that Ms. Purifoy "looked kinda cute last night and my heart softened." He continued to describe her body and appearance and said she "was turning me on" by making wild gestures. The post stated that Ms. Purifoy "was almost close to punch me last night. i would have liked it." The next day, on January 2, Dr. Mafa contacted the Memphis Police Department and reported that Ms. Purifoy had assaulted him on New Year's Eve. According to Dr. Mafa's later testimony about the events, Ms. Purifoy approached him from behind and hit him in the back of the head then started punching him in the forehead and chest. Dr. Mafa said he became so scared that he almost lost consciousness.

After a hearing in the defamation suit, the circuit court entered a permanent injunction on January 13, 2014, prohibiting Dr. Mafa from doing the acts previously enjoined by the temporary restraining order. Dr. Mafa did not appear at the injunction hearing, but the circuit court's order states that Ms. Purifoy testified under oath. The circuit court's order references testimony that notice had been sent to Dr. Mafa via certified mail and that attempts were made to serve him by the sheriff's office and a private process server. The order states that "Defendant [h]as indicated through his own communications that he is aware of this filing (see attachment)."² The permanent injunction enjoined Dr. Mafa from posting Ms. Purifoy's picture or name online or in any format; contacting Ms. Purifoy or her family or employer; entering the buildings where she worked for any purpose; or being in any location where she was present.

Ten days later, on January 23, Dr. Mafa went to the Family Safety Center in Memphis. Ms. Purifoy maintains an office at the Family Safety Center, and she had previously provided pictures of Dr. Mafa to the security personnel at the Family Safety Center's security checkpoint. As a result, Dr. Mafa was not permitted to enter the building. According to Dr. Mafa, he went to the Family Safety Center in order to obtain an order of protection...