Smith v. Atkins

• Decision Date: 27 July 1993
• Docket Number: No. 92-CA-1946,92-CA-1946
• Citation: 622 So.2d 795
• Parties: 85 Ed. Law Rep. 370 Theresa A. SMITH v. Curklin ATKINS.
• Court: Court of Appeal of Louisiana — District of US

Page 795

622 So.2d 795

85 Ed. Law Rep. 370

Theresa A. SMITH v. Curklin ATKINS.

No. 92-CA-1946.

Court of Appeal of Louisiana,

Fourth Circuit.

July 27, 1993.

Catherine J. Smith, New Orleans, for plaintiff-appellant.

Curklin Atkins, pro se.

Before SCHOTT, C.J., and BARRY, CIACCIO, PLOTKIN and WALTZER, JJ.

WALTZER, Judge.

Plaintiff sued for defamation. The trial court rendered judgment for $1,500.00 general damages. We affirm the trial court's finding on liability in this case, but increase the award to $5,000.00. We further find that based on the record there was proof by the preponderance of the testimony and evidence that the defendant committed the tort of intentional infliction of emotional distress and that the plaintiff was defamed.

FACTS:

Curklin Atkins was in his first year as a professor at Southern University Law School. He taught Theresa Smith Corporations and Administration of Criminal Justice. According to the testimony of many male law students in the class, Professor Atkins continuously discussed his personal social/sex life in corporations class, making comments such as stating that he had taken a woman on a date the prior weekend and that "he expected more from her than just dinner". Throughout the semester, he continuously made Theresa Smith and another female student the example in his hypotheticals or the butt of his comments. After the first occasion, Theresa Smith went to Professor Atkins after class and asked him to stop. He ignored her and continued to make her the butt of his comments throughout the semester. Professor Atkins also made offensive and disparaging comments about other students in his class. A number of the male students commented that they were embarrassed by the comments that Professor Atkins made and that his behavior was inappropriate in a law school setting and unprofessional.

During the semester, Professor Atkins frequently told the class that he had seen Theresa Smith at a nightclub named "Whispers" in New Orleans over the weekend. On Monday, March 7, 1991, he publicly ridiculed and humiliated Theresa Smith by recounting an embarrassing moment that had happened to her the past weekend at "Whispers".

On the night in question, Theresa Smith had a number of drinks. She left her seat and walked across the room to say hello to a friend. After the conversation, she walked back across the room to her seat. While sitting down, she missed the seat, landing on the floor. During the corporations class, Professor Atkins recounted this embarrassing moment to the entire class at Theresa's expense.

On this particular occasion, Theresa determined that she would not sit quietly by and take it, but rather would attempt to verbally defend herself. She countered with "Why didn't you help me up?" He responded with either "I ain't pickin' no Slut up off the floo' " or an elaborate mock stage-whisper "Slut". Theresa Smith was mortified and humiliated, froze and left the room, whereupon she immediately became physically ill.

Professor Atkins again called her a slut for a second time in the Administration of Criminal Justice class later that day.

According to the testimony, the news that Professor Atkins had called Theresa Smith a "Slut" in class passed through the law school like wildfire. Theresa Smith was the butt of many jokes by her peers. The next day she went to Chancellor B.K. Agnihotri, Chancellor of the Southern University Law Center and reported the incident. Chancellor Agnihotri called Professor Atkins to his office for an explanation. Chancellor Agnihotri testified at trial that Professor Atkins denied calling the plaintiff a slut at which time the Chancellor instructed him to put his denial in writing. Chancellor Agnihotri then appointed Professor Stanley Halpin to conduct an investigation. On March 9, Professor Atkins entered class and began writing numerous homework assignments on the chalkboard. He stated that he would continue to write more and more assignments on the board until Theresa Smith apologized to him. Professor Atkins also threatened to give bad grades to any student who signed an affidavit against him. On March 21, eleven students submitted affidavits indicating that they were witnesses and that Professor Atkins had in fact called the plaintiff a "Slut" in class. Meanwhile Professor Halpin reported to the Chancellor that his investigation revealed that Professor Atkins had in fact called plaintiff a slut in class. The Chancellor concluded that Professor Atkins had lied to him when he first denied the incident and the Chancellor ordered Professor Atkins to publicly apologize to Theresa Smith in class. On April 19, 1991, Professor Curklin Atkins publicly apologized to Theresa Smith, who taped the apology. Although usually against school rules, the Chancellor made an exception and allowed Theresa Smith to change sections of corporations, however it was only a few weeks before finals and the other section used completely different materials in class. At the final, Professor Atkins distributed color coded examinations. No other color coded exams had ever been used in the history of Southern Law School. An underground newspaper entitled "Iconoclast" appeared, rehashing the entire situation. Handicapped by insufficient time to learn completely new materials, Theresa Smith received a D in corporations class. Students in Professor Atkins corporations and administration of criminal justice classes received color-coded exams and believe that Professor Atkins intentionally and maliciously lowered their grades. Chancellor Agnihotri issued a disciplinary letter to Professor Atkins stating "our dissatisfaction and condemnation of your statement in the classroom. I hope you will appreciate that the Law Center ... has to protect the integrity of all its constituents." Professor Atkins had a one year contract with Southern; he was not offered another contract. On May 31, 1991, plaintiff filed suit solely against Curklin Atkins.

REACTION OF HER PEERS:

Numerous students testified that after the name-calling incident, they stopped associating with Theresa Smith. One student stated that while she did not believe Professor Atkin's allegation, the gossip became so bad that if you associated with Theresa, other students would then target you as the butt of their jokes and gossip. A student testified that she was head of the Moot Court Board and a serious student who anticipated a serious and successful career in law and that she could not afford to be associated with someone of low moral character, that it had the potential of impacting negatively on her career. Another student testified that although he had never thought that Theresa Smith was a slut, when the Professor called her that openly and in class, he thought that there might be some basis to it--"after all he was a Professor"--and he began to wonder about Theresa. Another student testified that the incident would cause him not to offer Theresa a partnership or a job if he were in a position to do so, because he could not afford to have someone of questionable character affiliated with him professionally. Other students thought that actively associating with Theresa would cause Professor Atkins to retaliate with bad grades.

Theresa testified that as a result of the incident she began to withdraw from the other students. She no longer joked for fear that something would be taken out of context or the wrong way. She no longer socialized with other students. She changed her manner of dressing and hesitated before speaking. She felt that the other professors and the other students shied away from her and treated her differently than they had before the incident. She called it the "most traumatic" thing that had ever happened in her life. She further testified that she is intimidated by Professor Atkins and that it makes her uncomfortable to be in his physical presence. Theresa experienced insomnia, crying spells, poor attention span, inability to concentrate, and general depression. She experienced mood and personality changes and limited her association with her peers. She became obsessed with the incident.

MEDICAL TESTIMONY:

Theresa was referred to Dr. Guillaume by Dr. Williams, a gastroenterologist. Dr. Lionel Guillaume, M.D., incorrectly named Guillant in the trial court's reasons for judgment, was plaintiff's treating psychiatrist. Dr. Guillaume diagnosed plaintiff as suffering from "adjustment disorder with depressed mood". He never diagnosed her as suffering from delayed distress disorder, because he diagnosed her as suffering from "adjustment disorder with a depressed mood".

Page 197 of the transcript indicates that he testified as follows:

"A. I think she was overwhelmed. She was tearful. She cried on many sessions, especially whenever she started relating the incident. And she felt like--I mean, it was uncalled for, the name calling. This is what she said.

Q. Are there any particular exams that you would conduct on Ms. Smith?

A. As a psychiatrist we do a psychiatric evaluation, mental psychiatric examination. Based on my examination she didn't have any evidence of or information on what we call a thinking disorder. She was in contact with reality. And all I can say, based on the evaluations, my impression was what I call an adjustment disorder with a depressed mood.

Q. Did you prescribe any medication to Ms. Smith?

A. After my first evaluation I recall that I prescribed Doxepin, twenty-five milligrams at bedtime by mouth. At bedtime. The reason that I prescribed that is because some of the symptoms of depression, i.e. crying spells, poor attention span, the inability and sleeping difficulty."

Page 209 of the transcript provides as follows:

"A. Well, I mean, you have to be careful with that statement. Because I mean, if you look at post traumatic stress disorder, you can have what they call an acute post traumatic experience experiencing the symptoms right away. And you may have a delayed...