Bester, et al. v. Clark
| Docket Number: | 2006-CA-00168-COA Linked Case(s): 2006-CA-00168-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 05-01-2007 Opinion Author: ISHEE, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Defamation - Bad faith communication with police Judge(s) Concurring: KING, C.J., LEE AND MYERS, P.JJ., IRVING, CHANDLER, GRIFFIS, ROBERTS AND CARLTON, JJ. Non Participating Judge(s): BARNES, J. Procedural History: Summary Judgment Nature of the Case: Negligence |
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| Trial Court: |
Date of Trial Judgment: 09-29-2005 Appealed from: NOXUBEE COUNTY CIRCUIT COURT Judge: Lee J. Howard Disposition: TRIAL COURT GRANTED SUMMARY JUDGMENT IN FAVOR OF DEFENDANT Case Number: 2004-0006 |
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| Party Name: | Attorney Name: | |||
| Appellant: | LUCY BESTER ON BEHALF OF HER MINOR CHILD, ANGELA J. BESTER, AND ANNIE
WILLIAMS AS NEXT FRIEND OF THE MINOR
CHILD, LATEDRA S. WILLIAMS
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W. HOWARD GUNN
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| Appellee: | GLENN CLARK D/B/A CLARK TEXACO | CHRISTOPHER JAMES LATIMER DAVID L. SANDERS |
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Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Defamation - Bad faith communication with police |
| Summary of the Facts: | Lucy Bester filed suit on behalf of her minor child, Angela J. Bester, and Annie Williams filed suit as next friend of the minor child, Latreda S. Williams, against Glenn Clark d/b/a Clark Texaco, alleging defamation, false imprisonment, intentional and/or negligent infliction of emotional distress, and negligent investigation. The circuit court granted Clarkâs motion for summary judgment. Bester appeals. |
| Summary of Opinion Analysis: | Angela and Latreda stopped at Clark Texaco for gas. Two young boys went into the store at the same time the girls did. After the girls drove away, another customer went inside the gas station to pay for his gas. When the clerk opened the cash register, he found it was now empty except for one-dollar bills. He called the police and told them he thought the girls had taken the money. The police questioned the girls who denied involvement and asked them to come to the police station to give a statement. The girls gave written statements and then were allowed to leave. The police never questioned Angela or Latreda again and no charges were filed against them. Bester argues that the store clerk communicated with the police in bad faith. A citizen has a privilege to start the criminal law into action by complaints to the proper officials so long as one acts either in good faith, i.e., for a legitimate purpose, or with reasonable grounds to believe that the person proceeded against may be guilty of the offense charged. When a citizen merely states what is believed to prosecuting authorities and leaves the decision to prosecute entirely to the uncontrolled discretion of the officer then the citizen has not instigated a criminal proceeding. The record reveals that Bester failed to establish that the clerk acted with malice when he informed the police that the store was robbed and that he thought Angela and Latreda were responsible. Although the clerk did tell the police that he thought Angela and Latreda had taken the money, nothing in the record suggests that he did not have a reasonable basis for making the assertion, or that he knew the assertion to be false. Consequently, Bester failed to establish that the clerk acted in bad faith and that his communication with the police officers was not privileged. |
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