Davis v. Biloxi Pub. Sch. Dist.


<- Return to Search Results


Docket Number: 2007-CP-02155-COA
Linked Case(s): 2007-CP-02155-COA ; 2007-CT-02155-SCT
Court of Appeals: Opinion Link
Opinion Date: 11-03-2009
Opinion Author: MYERS, P.J.
Holding: AFFIRMED
Additional Case Information: Topic: Employment termination - Res judicata - Statute of limitations - Section 15-1-49 - Sanctions - M.R.A.P. 38
Judge(s) Concurring: KING, C.J., LEE, P.J., IRVING, GRIFFIS, BARNES, ISHEE, ROBERTS AND CARLTON, JJ.
Non Participating Judge(s): MAXWELL, J.
Procedural History: Dismissal
Nature of the Case: CIVIL - TORTS-OTHER THAN PERSONAL INJURY & PROPERTY DAMAGE
Trial Court: Date of Trial Judgment: 11-15-2007
Appealed from: Harrison County Circuit Court
Judge: Roger T. Clark
Disposition: JUDGMENT OF DISMISSAL ENTERED
Case Number: A2402-07-00036
  Party Name: Attorney Name:   Brief(s) Available:
Appellant: JOSEPH DAVIS, JR.




 JOSEPH DAVIS, JR. (PRO SE)



  
  • Appellant #1 Brief
    		•
    Appellee: BILOXI PUBLIC SCHOOL DISTRICT; BILOXI PUBLIC SCHOOL BOARD, BOARD OF TRUSTEES, AND DR. PAUL A. TISDALE, SUPERINTENDENT; BILOXI PUBLIC SCHOOL DISTRICT, DR. ROBERT W. BOWLES, DEPUTY SUPERINTENDENT; BILOXI PUBLIC SCHOOL DISTRICT, PATTIE GOLDEN, (PAST SCHOOL BOARD ATTORNEY); BILOXI PUBLIC SCHOOL DISTRICT, DR. LARRY DRAWDY, (PAST SUPERINTENDENT); BILOXI SCHOOL DISTRICT, GERALD BLESSEY, (PAST BILOXI PUBLIC SCHOOL BOARD ATTORNEY); BILOXI PUBLIC SCHOOL DISTRICT, DAVID BLAINE, (PAST VICE PRESIDENT/PRESIDENT); BILOXI PUBLIC SCHOOL DISTRICT, MAYOR A.J. HOLLOWAY, CITY OF BILOXI; JUDE MCDONNELL, (PAST COMPTROLLER/DIRECTOR OF BUSINESS MANAGEMENT) BILOXI PUBLIC SCHOOL DISTRICT; BONNIE GRANGER, COMPTROLLER, AND SHANE SWITZER, COMPTROLLER, BILOXI PUBLIC SCHOOL DISTRICT; RICHARD F. STEWART, (PAST PRESIDENT) BILOXI PUBLIC SCHOOL BOARD; ANDREA PETRO, (PAST PRINCIPAL POPPS FERRY ELEMENTARY SCHOOL) PRINCIPAL, LOPEZ ELEMENTARY SCHOOL, BILOXI PUBLIC SCHOOL DISTRICT; DR. JANICE WILSON, (PAST ASSISTANT PRINCIPAL) POPPS FERRY ELEMENTARY SCHOOL; SUSAN BRAND, PRINCIPAL, BEAUVOIR ELEMENTARY SCHOOL AND BILOXI PUBLIC SCHOOL DISTRICT, INDIVIDUALLY A.J. HOLLOWAY (PRO SE), SILAS W. MCCHAREN, EDWARD F. DONOVAN, GERALD BLESSEY (PRO SE), CITY OF BILOXI, MISSISSIPPI (PRO SE), ROBERT W. BOWLES (PRO SE), PAUL A. TISDALE (PRO SE), PATTIE GOLDEN (PRO SE), LARRY DRAWDY (PRO SE), DAVID BLAINE (PRO SE), JUDE MCDONNELL (PRO SE), BONNIE GRANGER (PRO SE), SHANE SWITZER (PRO SE), RICHARD F. STEWART (PRO SE), ANDREA PETRO (PRO SE), JANICE WILSON (PRO SE), SUSAN BRAND (PRO SE), BRANDI N. SMITH  
    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.
    Topic: Employment termination - Res judicata - Statute of limitations - Section 15-1-49 - Sanctions - M.R.A.P. 38
    Summary of the Facts: Joseph Davis, Jr. filed a lawsuit relating to the termination of his employment as a teacher’s aide with the Biloxi Public School District. The court dismissed his complaint, finding that any claims not covered by the doctrines of collateral estoppel or res judicata were barred under the applicable statute of limitations. Davis appeals.
    Summary of Opinion Analysis: As noted by the circuit court, Davis raised many of the same factual and legal issues in a previous action. The Court of Appeals affirmed the circuit court’s finding that Davis, as a teacher’s aide, was not entitled to a hearing under the Mississippi Education Employment Procedures Law. The Court further held that because Davis was an at-will employee, he had no property interest in his employment sufficient to invoke the due process provisions of the United States Constitution. Davis’s motion for rehearing and a petition for writ of certiorari in his prior appeal were denied, as was his appeal to the United States Supreme Court. Where a question of fact essential to a judgment is actually litigated and determined by a valid and final judgment, that determination is conclusive between the parties in a subsequent suit on a different cause of action. Four identities are required to establish res judicata: identity of the subject matter; identity of the cause of action; identity of the parties; and identity of the quality or character of persons against whom the claim is made. In this case, these identities are all present and the doctrine applicable. The circuit court dismissed Davis’s remaining claims as barred by the statute of limitations. Davis filed the instant action on February 28, 2007. As the circuit court noted, this is almost three years and six months after Davis was terminated as a teacher’s aide with the Biloxi Public School District, on September 4, 2003. As found by the circuit court, any claims that Davis has should have been raised either within the one-year statute of limitations of the Mississippi Tort Claims Act, the one-year statute of limitations for intentional torts, or the general three-year statute of limitations under section 15-1-49. The Biloxi Public School District defendants argue that Davis’s appeal is frivolous and warrants an award of sanctions under M.R.A.P. 38. Sanctions may be assessed where an appeal is found to be frivolous. While Davis’s arguments are without merit, they are not frivolous.


    Home | Terms of Use | About the JDP | Feedback | Using JDP | MC Law Library | Mississippi Supreme Court