Blackston v. Epps, et al.


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Docket Number: 2009-CA-00824-COA
Linked Case(s): 2009-CA-00824-COA ; 2009-CT-00824-SCT

Court of Appeals: Opinion Link
Opinion Date: 06-28-2011
Opinion Author: Lee, C.J.
Holding: AFFIRMED

Additional Case Information: Topic: Contract - Tortious interference with business relationship - Tort Claims Act - Section 11-46-7(2) - Section 11-46-9(1)(d) & (g) - Unsubstantiated allegations
Judge(s) Concurring: Irving, P.J., and Ishee, J.
Non Participating Judge(s): Griffis, P.J., Myers, Maxwell and Russell, JJ.
Dissenting Author : Carlton, J.
Dissent Joined By : Barnes, J., and joined in part by Roberts, J.
Procedural History: Summary Judgment
Nature of the Case: CIVIL - CONTRACT

Trial Court: Date of Trial Judgment: 11-13-2008
Appealed from: Hinds County Circuit Court
Judge: William F. Coleman
Disposition: GRANTED SUMMARY JUDGMENT IN FAVOR OF DEFENDANT/APPELLEE, THE MISSISSIPPI DEPARTMENT OF CORRECTIONS
Case Number: 251-07-518CIV

  Party Name: Attorney Name:   Brief(s) Available:
Appellant: Joseph W. Blackston, M.D., J.D.




ROBERT NICHOLAS NORRIS LOUIS H. WATSON JR.



 
  • Appellant #1 Brief
  • Appellant #1 Reply Brief

  • Appellee: Christopher B. Epps, Individually and in His Official Capacity, Kentrell M. Liddell, Individually and in Her Official Capacity, and Mississippi Department of Corrections JAMES T. METZ MICHAEL EDWIN D’ANTONIO JR.  

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    Topic: Contract - Tortious interference with business relationship - Tort Claims Act - Section 11-46-7(2) - Section 11-46-9(1)(d) & (g) - Unsubstantiated allegations

    Summary of the Facts: Dr. Joseph W. Blackston filed a complaint against Christopher Epps, Dr. Kentrell M. Liddell, and the Mississippi Department of Corrections, alleging tortious interference with business and/or contractual relations, intentional and/or negligent infliction of emotional distress, and defamation. The MDOC filed a motion to dismiss and/or summary judgment. The trial court granted summary judgment in favor of the MDOC on the contractual and emotional-distress claims. The trial court noted that Dr. Blackston had conceded the defamation claim and proceeded to dismiss that particular claim with prejudice. Dr. Blackston appeals.

    Summary of Opinion Analysis: Dr. Blackston argues that the trial court erred in granting summary judgment in favor of the MDOC. Specifically, Dr. Blackston argues that Dr. Liddell tortiously interfered with his business relationship with Wexford by requiring Wexford to hire a minority physician for the position of medical director. Pursuant to section 11-46-7(2) of the Tort Claims Act, a governmental employee is not liable personally as long as their conduct falls within the course and scope of employment and does not otherwise constitute fraud, malice, libel, slander, defamation, or a crime. Section 11-46-9(1)(d) provides immunity for a claim based on the exercise or performance of a discretionary function, and section 11-46-9(1)(g) considers the hiring of personnel a discretionary function. Although Dr. Blackston contends that Dr. Liddell required Wexford to hire a minority physician, he has failed to produce any probative evidence through affidavits or otherwise to support his allegations. Unsubstantiated allegations are not enough to create a genuine issue of material fact.


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