Peters v. Claiborne County School District et al

Filing 21

ORDER granting 16 Motion to Dismiss. Signed by Honorable David C. Bramlette, III on April 22, 2015. (AA)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
WESTERN DIVISION
SHIRLEY PETERS
VS.

PLAINTIFF
CIVIL ACTION NO: 5:14-cv-118-DCB-MTP

CLAIBORNE COUNTY SCHOOL DISTRICT and
EARL TAYLOR

DEFENDANTS

ORDER GRANTING MOTION TO DISMISS
This cause is before the Court on Defendant’s, Earl Taylor,
Motion to Dismiss [docket entry no. 16]. Having considered the
motion and response, the applicable statutory and case law, and
being otherwise fully informed in the premises, the Court finds as
follows:
Plaintiff Shirley Peters began working for Defendant Claiborne
County School District (“the School District”) in March 1983.
Defendant Earl Taylor was her immediate supervisor. In August 2013,
Peters reported to the State Auditor that Taylor “had removed
School District Property from the Schools’ campuses, and was using
School Property for his personal use at his private residence.”
Notice Removal Ex. 1 (“Compl.”) ¶8, ECF No. 1-1. Peters alleges
that after she made her report to the State Auditor, Taylor told
Peters that he would “blow Shirley Peter’s mother f***ing head
off.” Compl. ¶10. Peters then reported this threat to the City of
Port Gibson Police Department.
1

Peters sought psychological treatment from a doctor because of
the stress caused by Taylor’s threats. Her doctor certified a need
for time off from work under the Family Medical Leave Act (“FMLA”),
and Peters submitted FMLA paperwork to Wanda C. Fleming, the Human
Resources Director for the School District, on October 8, 2013.
Peters alleges that Fleming then immediately drafted a termination
letter for Peters. Peters did not receive the termination letter
until November 7, 2013.
Peters filed suit in the Circuit Court of Claiborne County on
October

15,

2014,

making

claims

for

(1)

a

violation

of

Mississippi’s public exception to the at-will employment doctrine,
(2)

FMLA

retaliation,

intentional

and/or

(3)

grossly

assault
negligent

by

verbal

infliction

threats,
of

(4)

emotional

distress, and (5) punitive damages. On December 12, 2014, the
School District removed this case to federal court arguing federal
question jurisdiction arising from the claims related to the FMLA.1
On March 6, 2015, Taylor moved to dismiss some of the claims
against him.
Taylor argues in his motion that the claims for assault and
intentional infliction of emotional distress should be dismissed
because they are barred by the one-year statute of limitations.
Mot. Dismiss. ¶¶ 4-5, ECF No. 16. And Peters concedes these claims

1

The School District was not served with the Complaint
until November 14, 2014.
2

should be dismissed with prejudice. Resp. 1, ECF No. 18.
“All actions for assault” must be brought within one year
after the cause of action accrues. Miss. Code Ann. § 15-1-35
(1983). And the Supreme Court of Mississippi has held that this
same

statute

of

limitations

governs

actions

for

intentional

infliction of emotional distress. Jones v. Fluor Daniel Servs.
Corp., 32 So.3d 417, 423 (Miss. 2010). As Taylor succinctly puts it
in his motion: “According to the face of the Complaint, the
allegations against [Taylor] occurred sometime in August of 2013.
Based on Mississippi law, [Peters] would have had to file her
Complaint . . . by August of 2014. She did not file until October
of 2014.” Mot. Dismiss ¶5. Therefore, the Court will grant the
motion to dismiss these two claims relating to intentional torts.
But Peters asserts in her response that she also makes claims
against

Taylor

for

gross

negligence,

negligent

infliction

of

emotional distress, and punitive damages. Resp. 1. Taylor does not
argue that these claims are subject to a one-year statute of
limitations, and they remain viable in this suit. Accordingly,
IT IS HEREBY ORDERED that the Motion to Dismiss is GRANTED.
FURTHER ORDERED that the claims for intentional infliction of
emotional distress and assault are DISMISSED WITH PREJUDICE.
SO ORDERED this the 22nd day of April 2015.
/s/ David Bramlette
UNITED STATES DISTRICT JUDGE

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