Opinion
NO. 2018 CW 1503
02-15-2019
BEVERLY HIMEL RAFFERTY v. BRADLEY BENNETT, BATON ROUGE POLICE DEPARTMENT, CITY OF BATON ROUGE
In Re: Bradley Bennett, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 650952. BEFORE: GUIDRY, THERIOT, AND PENZATO, JJ.
WRIT GRANTED WITH ORDER. The district court's November 9, 2018 ruling granting Beverly Himel Rafferty's Special Motion to Strike and ordering Bradley Bennett to pay attorney's fees to Ms. Rafferty is reversed. The district court abused its discretion in excluding the text messages between the parties despite it being properly authenticated by affidavit. Ms. Rafferty met her initial burden of proof on her Special Motion to Strike by successfully demonstrating that her statements were made in furtherance of her First Amendment rights in connection with a public issue. La. Code Civ. P. art. 971(A)(1). The burden then shifted to Bradley Bennett to demonstrate a probability of success on the merits of at least one of his claims. Shelton v. Pavon, 2017-0482 (La. 10/18/17), 236 So.3d 1233, 1237. Considering the pleadings and supporting and opposing affidavits, as well as the text messages between Ms. Rafferty and Mr. Bennett, this court finds that Mr. Bennett met that burden as genuine issues of fact exist which precluded the granting of the Motion. Therefore, the district court committed legal error in granting Ms. Rafferty's Special Motion to Strike dismissing Mr. Bennett's claims against her. As a result, the district court also erred in assessing attorney's fees to Ms. Rafferty. Accordingly, this matter is remanded to the district court for a determination of the amount of reasonable attorney's fees and costs to be awarded to Mr. Bennett in accordance with La. Code Civ. P. art. 971(B).
JMG
MRT
AHP
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT