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SUPREME COURT OF LOUISIANA NO. 98-C-1805 DANATUS NORMAN KING VERSUS PHELPS DUNBAR, L.L.P., DANNY SHAW, HARRY ROSENBERG AND ROY CHEATWOOD ON WRIT OF CERTIORARI TO COURT OF APPEAL, FOURTH CIRCUIT, PARISH OF ORLEANS JOHNSON, JUSTICE.*
We granted certiorari in this case to review the Court of Appeal's decision dismissing Plaintiff's claims for racial discrimination, intentional infliction of emotional distress, loss of earning capacity, and damage to reputation. Plaintiff contends the Court of Appeal erred in dismissing his claims against the individual defendants, Roy Cheatwood, Harry Rosenberg, and Danny Shaw, on summary judgment; and in dismissing his claims for racial discrimination and intentional infliction of emotional distress against Phelps Dunbar, L.L.C. and the individual defendants on an exception of prescription. Because we conclude the exception of prescription should have been referred to the merits, we vacate that portion of the Court of Appeal's decision and remand the matter for trial on the merits. The summary judgment dismissal of the claims against the individual defendants is affirmed. FACTS AND PROCEDURAL HISTORY Plaintiff, Danatus Norman King is an African-American attorney who was employed by Defendant, Phelps Dunbar, L.L.C., as an associate in the commercial litigation section from 1990 to 1995. While in the commercial litigation section, he was supervised by the individual defendants, Roy Cheatwood, Harry Rosenberg, and Danny Shaw. Mr. King alleges that he was assigned to work on the files of Defendant's African-American clients and that he was asked to transfer to the tort and insurance section of the firm because of his race. According to Mr. King's pleadings, most cases in the tort and insurance section were tried before predominately AfricanAmerican jurors in the Civil District Court for Orleans Parish and Defendant wanted him to be the

*

Marcus, J., not on panel. See Rule IV, Part 2, Sec. 3.

firm's black face in that venue. He also alleges that the transfer request was prompted by pressure on the Defendant from the New Orleans Aviation Board's general counsel to hire African-American attorneys for the tort and insurance section and have those attorneys work Aviation Board files. Mr. King claims that his refusal to be transferred led to a hostile work environment and retaliatory tactics such as unwarranted criticism of his work, refusal to grant work assignments to him, and accusations of his being too sensitive to racial matters. Mr. King alleges that the refusal to grant work assignments caused him to beg for assignments from other associates, even junior associates, and had an adverse effect upon his income because he was unable to bill hours. On January 20, 1995, Mr. King underwent an associate evaluation with two of the three individual defendants, Roy Cheatwood and Harry Rosenberg. During this evaluation, he was informed that his chances of becoming a partner were nonexistent and that he should consider a career change. Mr. King was not terminated following this evaluation. He remained employed as an associate by the Defendant, and he alleges that the hostility of his work environment increased. He contends that the allegedly hostile work environment became unbearable to him and on March 10, 1995 he tendered his resignation to be effective March 24, 1995. The firm accepted and confirmed his resignation in a letter signed by Roy Cheatwood, a general partner and one of the individual defendants. Mr. King filed the instant action on March 11, 1996 claiming racial discrimination under La. Rev. Stat. Ann.

Download 98-C-1805 DANATUS NORMAN KING v. PHELPS DUNBAR, L.L.P. DANNY SHAW, HARRY ROSENBE

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