Mayweather v. Isle of Capri Casino
| Docket Number: | 2007-CA-00580-COA Linked Case(s): 2007-CA-00580-SCT ; 2007-CA-00580-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 09-23-2008 Opinion Author: Griffis, J. Holding: AFFIRMED |
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| Additional Case Information: |
Topic: Slander - False imprisonment - False arrest Judge(s) Concurring: Lee and Myers, P.JJ., Irving, Chandler, Barnes, Ishee, Roberts, and Carlton, JJ. Concurs in Result Only: King, C.J. Procedural History: Summary Judgment Nature of the Case: CIVIL - TORTS-OTHER THAN PERSONAL INJURY & PROPERTY DAMAGE |
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| Trial Court: |
Date of Trial Judgment: 02-07-2007 Appealed from: Coahoma County Circuit Court Judge: Al Smith Disposition: SUMMARY JUDGMENT GRANTED TO DEFENDANT Case Number: 14-CI-03-0087 |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | MAGGIE MAYWEATHER |
ALLAN D. SHACKELFORD |
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| Appellee: | ISLE OF CAPRI CASINO, INC. D/B/A ISLE OF CAPRI CORPORATION | CHRISTOPHER ETHAN KITTELL |
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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: | Slander - False imprisonment - False arrest |
| Summary of the Facts: | Maggie Mayweather filed suit against Isle of Capri Casino, Inc., asserting claims for slander, false imprisonment, and false arrest. The court granted summary judgment to Isle of Capri, and Mayweather appeals. |
| Summary of Opinion Analysis: | Issue 1: Slander Mayweather argues that there is a genuine issue of material fact as to whether the Isle of Capri engaged in slanderous conduct when one of its employees referred to her as a “troublemaker.” She argues that the statement is slander per se as words imputing the guilt or commission of some criminal offense involving moral turpitude and infamous punishment. Mayweather admitted that she was never accused of stealing another patron’s wallet. She testified that she was only accused of picking up the wallet, an accusation that turned out to be true and was admitted by Mayweather. She was not accused of being a thief, and no similar accusation was made that would rise to the level of slander per se. The reference to her as a troublemaker is not enough to constitute slander per se. Mayweather has also failed to present any evidence to show that she was damaged by being referred to as a “troublemaker.” Slanderous words, no matter how grossly defamatory or insulting they may be, are actionable only upon proof of special damages – special in the sense that it must be supported by specific proof. Mayweather has failed to establish any proof of special harm. Issue 2: False imprisonment Mayweather argues that there is a genuine issue of fact as to her claim for false imprisonment, because she was unreasonably detained by casino security who lacked reasonable grounds to believe that she had committed a crime. To show false imprisonment, the plaintiff must prove that she was detained and that such detainment was unlawful. Mayweather has failed to prove that she was detained by casino security. Mayweather testified that she voluntarily accompanied casino security to the interview room. There was no threat or use of force, and Mayweather never attempted to leave. She also fails to offer any evidence that casino security would have restrained her had she tried to leave the room. Issue 3: False arrest Mayweather argues that there is a question of fact as to her claim for false arrest. False arrest is an intentional tort, arising when one causes another to be arrested falsely, unlawfully, maliciously and without probable cause. If the charges against Mayweather were supported by probable cause, her claim for false arrest has no merit. Mayweather admitted that she and a friend went to the casino together and that she picked up the wallet. Mayweather’s admissions and the surveillance video provided sufficient probable cause that Mayweather was involved with her friend in the actions that led to their arrest for petit larceny of the wallet. |
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