Gaspard v. Provensal
Gaspard v. Provensal
Opinion of the Court
|,The plaintiff, Michael John Gaspard, appeals the trial court’s granting of summary judgment dismissing his malicious prosecution claims against attorney, Charles Arlen Braud, II. For the following reasons, the trial court’s judgment is affirmed.
Statement of Facts and Procedural History
In May 2009, appellant Michael Gaspard hired appellee Matthew Provensal to work as a massage therapist at H20 Hair, Inc. Provensal resigned four months later. Subsequent to his resignation, Provensal also filed a complaint with the Louisiana Board of Massage Therapy and the Equal Employment Opportunity Commission. Later, Provensal hired an attorney, Arlen Braud, to represent him regarding claims of alleged workplace misconduct by Gas-pard. Braud filed a lawsuit on Provensal’s behalf alleging discrimination, sex discrimination and sexual harassment in violation of Louisiana Employment Discrimination Law and Title VII of the CM Rights Act of 1964.
The Title VII claims against Gaspard individually were dismissed because the court found that Gaspard was not Proven-sal’s “employer”. After dismissal of hProvensal’s claims, Gaspard filed the instant suit for malicious prosecution damages against both Provensal and Braud.
Braud filed an exception of no cause of action or in the alternative a motion for summary judgment contending that Gas-
Assignments of Error
On appeal, Gaspard contends that the trial court erred in granting the Motion for Summary Judgment in favor of Braud because there are genuine issues of material fact exist that prevent judgment as a matter of law; and the trial court applied the wrong legal standard as to attorneys in malicious prosecution lawsuits.
Standard of Review
On appeal, a motion for summary judgment is reviewed de novo, with the appellate court using the same criteria that govern the trial court’s determination of whether summary judgment is appropriate; i.e. whether there is any genuine issue of material fact, and whether the mov-ant is entitled to judgment as a matter of law.
Malicious Prosecution
“Malicious prosecution is the wrongful institution or continuation of a criminal or civil proceeding.”
Consequently, for Gaspard to prevail in an action for malicious prosecution against Braud he must prove the following elements:
(1) the commencement or continuance of an original criminal or civil judicial proceeding, (2) its legal causation by the present defendant against the plaintiff who was defendant in the original proceeding, (3) a bona fide termination in favor of the present plaintiff, (4) the absence of probable cause for such proceeding, (5) the presence of malice therein, and (6) damage.8
To prove specific malice, Gaspard must establish that Braud acted with knowledge of falsity or with reckless disregard for the truth.
Provensal retained Braud to represent him in a cause of action against his employer for workplace harassment and discrimination. Provensal related to Braud that during his four month employment at H20 as a massage therapist, Gas-pard, a person Provensal believed to be his employer and owner of H20, had created a hostile work environment through harassing behavior. Provensal detailed numerous encounters with Gaspard that were clearly inappropriate employer-employee interactions. Braud discovered that Pro-vensal had expressed these same complaints to the Louisiana Board of Massage Therapy and the Equal Employment Opportunity Commission. Additionally, Braud learned that the Louisiana Board of Massage Therapy had received other similar complaints against Gaspard and that a former employee had filed a lawsuit asserting similar allegations. Thereafter, the underlying lawsuit was filed in federal court and asserted state and federal claims pursuant to Title VII against Gaspard and H20. We find that Braud acted reasonably and had sufficient probable cause to file the underlying lawsuit.
Even though Gaspard argues that Braud lacked probable cause to name him individually in the underlying lawsuit, his actual complaints take issue with the | (¡substance of the allegations; and the content of the allegations would have been the same even if Gaspard had not been named individually.
Accordingly, we find the record supports a finding that Braud acted with probable cause and without malice. Therefore, the judgment of the trial court is affirmed.
AFFIRMED
. Reynolds v. Bordelon, 172 So.3d 607, 610 (La. 2015). (citations omitted).
. La. C.C.P. art. 966(D)(1).
. Id.
. Keppard v. AFC Enterprises, Inc., 00-2474, p. 7, (La.App. 4 Cir. 11/28/01), 802 So.2d 959, 965.
. Waste Mgmt. of Louisiana, L.L.C. v. Parish of Jefferson ex rel. Jefferson Parish Council, 947 F.Supp.2d 648, 656 (E.D.La. 2013).
. Id.
. Id. (citing Johnson v. Pearce, 313 So.2d 812, 816 (La. 1975)).
. Kelly v. West Cash & Carry Bldg. Materials Store, 99-0102 (La.App. 4 Cir. 10/20/99), 745 So.2d 743, 761 (citations omitted).
. Aucoin v. Aetna Casualty & Surety Co., 520 So.2d 795 (La.App. 3 Cir. 1987)
. Kelly, 745- So.2d at 762(citations omitted).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.