## Facts

- Burnetta Kelly worked at West Cash & Carry Building Materials Store, was promoted to assistant head cashier, and later became suspected of allowing a customer to remove merchandise without paying.
- On July 2, 1996, the store manager held a meeting about missing merchandise and possible employee involvement.
- Kelly was called to the manager’s office and questioned by multiple managers for about three hours; the office door was closed but not locked.
- Kelly did not expressly ask to leave; when she stood near the door, a manager ordered her to sit; when her husband arrived, a manager directed him to leave.
- West caused Kelly to be arrested for theft and terminated her employment; criminal charges were later dropped.
- Kelly sued West and supervisory employees for false imprisonment, defamation, malicious prosecution, and intentional/negligent infliction of emotional distress (and wrongful discharge, later abandoned).
- The trial court granted summary judgment for defendants on all claims; Kelly appealed.

## Issues

1. Whether summary judgment was proper on defamation where employer-related accusations of theft were claimed to be protected by qualified privilege, and whether abuse of that privilege (including malice or reckless disregard) presented triable fact issues.
2. Whether the office interrogation could constitute false imprisonment (detention plus unlawfulness) sufficient to defeat summary judgment.
3. Whether the alleged investigation, interrogation, termination, and arrest could support intentional or negligent infliction of emotional distress under Louisiana standards.
4. Whether malicious prosecution was properly dismissed on summary judgment where favorable termination was shown but probable cause and malice were disputed.

## Decision

- Affirmed summary judgment dismissing the false imprisonment claim.
- Affirmed summary judgment dismissing stand-alone intentional and negligent infliction of emotional distress claims (while recognizing emotional distress may be recoverable as damages if other tort claims succeed).
- Reversed summary judgment on defamation and remanded because factual disputes existed as to whether any qualified privilege was abused.
- Reversed summary judgment on malicious prosecution and remanded because probable cause and malice turned on disputed facts.

## Legal Principles

- Summary judgment is proper only when there is no genuine dispute of material fact and the mover is entitled to judgment as a matter of law; appellate review is de novo with evidence viewed in favor of the nonmovant.
- False imprisonment requires (1) detention or restraint and (2) unlawfulness; restraint must be physical or coercive enough that a reasonable person would believe she is not free to leave.
- Employer communications about employee conduct may be subject to a qualified privilege when made in good faith for a legitimate business purpose, but the privilege can be lost through abuse, including malice, excessive publication, or reckless disregard for truth.
- Malicious prosecution requires initiation or continuation of proceedings caused by the defendant, favorable termination, lack of probable cause, malice, and damages; where what the defendant knew and conveyed to police is disputed, probable cause and malice are typically fact questions.

## Conclusion

The court held that the interrogation evidence did not show actionable restraint for false imprisonment and that the employer’s conduct, as presented, did not meet Louisiana’s demanding threshold for an independent emotional distress tort, but it reinstated defamation and malicious prosecution claims because the record raised triable disputes about abuse of privilege, probable cause, and malice.


Kelly v. West Cash & Carry Bldg. Materials Store, 745 So. 2d 743 (La. Ct. App. 4th Cir. 1999)