## Facts

- Kiana Aaron Mitchell lost a Louisiana judicial runoff election to Ernestine “Teena” Anderson‑Trahan by a narrow margin.
- On the eve of the election, thousands of residents received a postcard accusing Mitchell of “violently attacking an ‘innocent pregnant woman.’”
- The postcard stated it was “Paid for by B. Hood,” identifying Brett Hood as the sponsor.
- Mitchell sued Hood in federal court under Louisiana law based on alleged injury from the postcard.
- Hood denied involvement and claimed his name was used without his knowledge.
- Hood filed a third-party complaint under Federal Rule of Civil Procedure 14 against Anderson‑Trahan (and another supporter), asserting fraud, misrepresentation, abuse of right, and reputational harm.
- Hood sought his own personal damages from Anderson‑Trahan, not indemnity or contribution for any liability he might have to Mitchell.
- Anderson‑Trahan moved to dismiss, including on the ground that Rule 14 did not permit her impleader.

## Issues

1. Whether a defendant may implead a third party under Rule 14(a) when the defendant asserts independent tort claims seeking personal damages, rather than derivative liability for all or part of the plaintiff’s claim.

## Decision

- The Fifth Circuit held Anderson‑Trahan was not properly impleaded under Rule 14(a).
- The court concluded Hood’s third-party claims were independent of, and not contingent on, his potential liability to Mitchell.
- The court remanded with instructions to dismiss Anderson‑Trahan as a party.
- Because Rule 14 was dispositive, the court did not reach other dismissal arguments, including those relying on Louisiana’s anti‑SLAPP provision.

## Legal Principles

- Rule 14(a) permits impleader only when the third party “is or may be liable” to the defending party for all or part of the plaintiff’s claim.
- A proper Rule 14 third-party claim requires derivative or secondary liability (e.g., indemnity or contribution) contingent on the defendant’s liability to the plaintiff.
- Factually related claims do not justify impleader if the third-party defendant’s alleged liability is for a separate injury and does not depend on the outcome of the plaintiff’s claim.
- When impleader is improper under Rule 14, the remedy is dismissal of the improperly joined third-party defendant from the action.

## Conclusion

The Fifth Circuit limited Rule 14 impleader to contingent, derivative liability and required dismissal of a third-party defendant where the defendant’s claims sought separate damages for alleged wrongdoing independent of the plaintiff’s suit.


Mitchell v. Hood, 614 F. App’x 137 (5th Cir. 2015)