Slaughter v. Atkins, CIVIL ACTION NO. 09–00190

305 F.Supp.3d 697

Ralph SLAUGHTER

v.Dale ATKINS et al.

CIVIL ACTION NO. 09–00190

United States District Court, M.D. Louisiana.

Signed January 22, 2018

Scott D. Wilson, Scott D. Wilson, APLC, Baton Rouge, LA, for Ralph Slaughter.

Jamie Dodds Cangelosi, Thomas M. Flanagan, Flanagan Partners, LLP, New Orleans, LA, Winston G. DeCuir, Jr., Winston G. DeCuir, Sr., DeCuir, Clark & Adams, LLP, Baton Rouge, LA, for Dale Atkins et al.

MEMORANDUM RULING

ELIZABETH ERNY FOOTE, UNITED STATES DISTRICT JUDGE

Before the Court is a Motion for Summary Judgment Based on Res Judicata filed by the Defendants, the Board of Supervisors of Southern University and Agricultural & Mechanical College ("Board"), Tony Clayton ("Clayton"), and Lea Polk Montgomery ("Montgomery"). [Record Document 248]. The Plaintiff, Dr. Ralph Slaughter ("Slaughter"), opposes the motion. [Record Document 253]. For the reasons stated herein, the Defendants' Motion for Summary Judgment Based on Res Judicata is GRANTED . Therefore, Slaughter's remaining claims are DISMISSED WITH PREJUDICE .

BACKGROUND FACTS

This litigation arises out Plaintiff's previous employment as President of the Southern University System ("Southern") and the Board's refusal to extend his employment contract. This case has an extensive procedural and factual history with relevant factual events dating back to 2006. The Court will attempt to succinctly set forth the history of the case leading up to this instant ruling.

A. The 2007 Federal Lawsuit

Slaughter was appointed President of Southern on April 1, 2006. On May 18, 2007, while President, Slaughter filed a lawsuit in the 19th Judicial District Court, East Baton Rouge Parish, Louisiana against the Board, Louisiana Governor Kathleen Blanco, and Board members Dale Atkins ("Atkins") and John Joseph. [USDC Docket No. 3:07–cv–00379, Middle District of Louisiana, Record Document 1]. In the lawsuit Slaughter alleged that he was illegally retaliated against by the defendants for reporting, protesting, and complaining about sexual harassment in the workplace, and providing testimony and evidence before a federal grand jury, all in violation of 42 U.S.C. § 1983, 42 U.S.C. § 1985, Title IX, Louisiana Revised Statute 23:967, and Louisiana tort law. Id. On May 30, 2007, the defendants removed the case to federal court. Id.

The original federal case was resolved with the execution of two documents relevant to the current matter: (1) a Settlement Agreement and Authentic Act of Release between the Plaintiff and the Board, and (2) an Employment Contract. [Record Document 248–3, Ex. B; 248–4, Ex. C]. In the Settlement Agreement, Plaintiff agreed to dismiss any and all claims which he had or may have had against the defendants. The Settlement Agreement expressly provided that the original federal lawsuit would be dismissed with prejudice in exchange for the execution of the Employment Contract. [Record Document 248–3, Ex. B ¶ 4]. The Employment Contract provided in relevant part, as follows:

The Board hereby employs Dr. Ralph Slaughter to serve as President of the Southern University System and Secretary to the Board of Supervisors of Southern University ... This agreement is issued for the fiscal year (July 1–June 30) commencing July 1, 2007 for a fixed term of two (2) years ending June 30, 2009. This agreement shall expire and terminate on June 30, 2009. Contingent upon a favorable performance review and affirmative act of the Board of Supervisors on or before April 1, 2009, this contract may be extended.

[Record Document 248–4, Ex. C ¶ 1].

B. The 2009 State and Federal Lawsuits

Slaughter served an additional two-year term as President of Southern as set forth in the Employment Agreement, and received satisfactory performance reviews. Nevertheless, the Board convened on March 27, 2009, and by a vote of eleven to five, declined to extend Slaughter's employment contract beyond its expiration date of June 30, 2009. Within a week of the Board's decision not to extend his employment contract, Slaughter filed three separate lawsuits against the Board and several of its members in both state and federal court.

i. State Court Open Meetings Lawsuit

On April 2, 2009, Slaughter filed suit number 577,011 in the 19th Judicial District Court, East Baton Rouge Parish, Louisiana (the "Open Meetings lawsuit") against the Board seeking an injunction and a judgment nullifying the vote taken March 27, 2009 due to alleged violations of the Louisiana Open Meetings Law, La. R.S. 42:13. [Record Document 248–6, Ex. E]. Therein, Slaughter alleged that the Board, through its members, engaged in secret polling and balloting prior to the official vote in violation of La. R.S. 42:4.1 and 42:5. Id.

ii. State Court Retaliation Lawsuit

The following day, April 3, 2009, Slaughter filed suit number 577,092 in the 19th Judicial District Court, East Baton Rouge Parish, Louisiana (the "retaliation lawsuit") against the Board, alleging that the Board, through its various members, conspired to force him from his position as President because of his prior participation as a whistleblower and witness in the 2007 federal lawsuit, in violation of Louisiana's protections against reprisal, La. R.S. 23:967. [Record Document 248–8, Ex. G]. Slaughter also made claims under Louisiana tort law for intentional infliction of emotional distress and abuse of rights. Id. Slaughter did not name individual members of the Board in this lawsuit. Id.

In his petition Slaughter alleged that the Board, through the actions of its members, contacted other members and improperly polled and lobbied for sufficient votes to secure his termination. Id. at ¶ 34. During the March 27, 2009 meeting, despite Slaughter's favorable employment evaluations, the Board took several recesses to continue to poll its members and secure votes not to extend Slaughter's employment contract. Id. at ¶ 38. Slaughter alleged that members of the Board were told that the Governor wanted him terminated in an attempt to sway votes. Id. The motion not to extend Slaughter's contract was offered by Board member Pat Magee, allegedly upon the direction of Clayton and Montgomery. Id. at ¶ 39. The motion was carried by a vote of eleven to five. Id. at ¶ 42. Slaughter alleged that the Board had already determined that it would not extend his contract before the vote, as evidenced by a prepared Resolution stating the same. Id. at ¶¶ 40–41.

Slaughter alleged the following acts by Clayton in support of his state court lawsuit against the Board, although he was not named as a defendant. Throughout 2007, Clayton continued to complain to others about Slaughter naming him in the original 2007 lawsuit and testifying against him. Id. at ¶ 18. In 2008, Clayton met with Johnny Anderson ("Anderson"), another Board member, and agreed to terminate Plaintiff's employment in exchange for Anderson's help in securing votes for Clayton to become Chairman of the Board. Id. at ¶ 19. On November 27, 2008, Board members Clayton, Atkins, and Anderson met at Atkins' residence and decided that they would do everything they could to terminate and remove Plaintiff as President. Id. at ¶ 21. In late 2008, Clayton, as Chairman of the Board, received a "purportedly anonymous" letter accusing Slaughter of illegally having a Southern University employee work for him at his personal residence, despite the employee actually being paid by the private Southern University Foundation. Id. at ¶ 23. When Slaughter requested a copy of the letter, Clayton refused. Id. at ¶ 24. Clayton then wrote to the Louisiana Legislature Auditor's Office requesting an inquiry into the legality of the employee working in Slaughter's home. Id. at ¶ 26. Thereafter, the Board, through Clayton, released Clayton's letter to the media in an effort to paint Slaughter in a false public light and malign his character on the eve of the meeting concerning the extension of his employment contract. Id. at ¶ 28. In connection with the media release, a news outlet filmed and televised one of Slaughter's children. Id. at ¶ 28. Slaughter alleges that the release of the letter to the media was in retaliation for his prior participation in the 2007 federal lawsuit. Id. at ¶ 30.

Slaughter alleged that during a fundraiser for a local judicial candidate, Clayton and Board member Pat Magee openly discussed how to remove Slaughter from his post. Id. at ¶ 33. Prior to the Board meeting held on March 27, 2009, Clayton and Anderson met at the home of "DW" to discuss their plans to remove Plaintiff as President. Id. at ¶ 35.¹ At the meeting Clayton and Anderson also determined how the search process for a new President would be handled, and identified who would be named to the search committee. Id.

Slaughter further alleged that on March 20, 2009, within 10 days of the March 27, 2009 meeting, Clayton improperly added Agenda Item 5C regarding Slaughter's continued employment beyond June 30, 2009, without proper notice to Slaughter. Id. at ¶ 36. Clayton requested that Slaughter be the one to call the vote on Agenda Item 5C. Id. at ¶ 42. After the vote, Clayton announced that the motion passed and then immediately announced the members of the search committee for a new President, which Plaintiff believes to be the same individuals decided upon at the meeting at the home of "DW." Id. at ¶ 43. Following the vote, Clayton issued an email to the Board stating that he would advise Slaughter that he was no longer authorized to bind the university in a contract for the remainder of his term as President. Id. at ¶ 46. On March 30, 2009, Clayton sent an email to the Board urging them to stop "airing all of this on the SU WEB site" (Southern University's website). Id. at ¶ 49. Clayton sent the email because he had become aware from a news story that Slaughter intended to pursue litigation based on the Board's decision not to extend his contract. Id. Later that same day, Clayton sent an email to the Board stating that Slaughter would not be placed on paid...