United States District Court, W.D. Louisiana, Alexandria Division
JOE W. AGUILLARD
L. HORNSBY JUDGE.
A. DOUGHTY UNITED STATES DISTRICT JUDGE
Joe W. Aguillard (“Aguillard”) sued his former
employer, Louisiana College (“LC”), alleging, in
part, that various alleged acts of LC give rise to a claim
for intentional infliction of emotional distress
(“IIED”) [Doc. No. 1, ¶¶ 8-28; Doc. No.
58, ¶¶ 27A, 31A, 31B, and 33A]. Pending here is
LC’s Motion for Partial Summary Judgment [Doc. No. 103]
seeking dismissal of Aguillard’s IIED claim. Aguillard
has filed an opposition [Doc. No. 120]. LC has filed a reply
[Doc. No. 121].
following reasons, the Motion for Partial Summary Judgment
[Doc. No. 103] is GRANTED.
FACTS AND PROCEDURAL HISTORY
served as President of LC from January of 2005 to July of
2014. Thereafter, he served as “President
Emeritus” of LC and as a fully tenured member of the
faculty. [Doc. No. 1, ¶¶ 1-5]. LC employed an
acting president to follow Aguillard for one year, and LC
then hired Dr. Richard Brewer (“Brewer”) as
president. Brewer has held the job since April 2015.
terminated Aguillard’s employment effective March 31,
2016. Following his termination, Aguillard filed a charge of
discrimination with the EEOC and the Louisiana Commission on
Human Rights, alleging that LC had discriminated against him
because of disability, religion, and in retaliation for
opposing illegal practices in violation of the American with
Disabilities Act, as amended, 42 U.S.C. §§
12101-12213 (“ADA”), and Title VII of the Civil
Rights Act of 1964, 42 U.S.C. § 2000e, et.
seq. (“Title VII”). He filed a second
charge of retaliation/discrimination with the EEOC and set
forth more fully his religious beliefs conflict with
Brewer. The EEOC issued a “Right to
Sue” letter on both charges. [Id.
Original Complaint, filed on December 27, 2017, invoked
federal laws that prohibit discrimination on the grounds of
religion, age, and disability. Aguillard also alleged that LC
retaliated against him for complaining about and opposing
unlawful discrimination. Pertinent to his IIED claim,
Aguillard’s Original Complaint alleges a series of
claimed improper acts over an 11-month period, beginning with
the alleged May 3, 2015 “hiring” of Kyle
Johnston, and ending with Aguillard’s termination as of
March 31, 2016. More specifically, Aguillard alleges the
¶ 8 – May 3, 2015 - LC hiring of Kyle Johnson who
was allegedly one of the “Calvinists” who
“didn’t just want Dr. Aguillard gone, they wanted
¶ 9 – May 20, 2015 - Aguillard allegedly told by
Dr. Brewer that Aguillard could no longer be President
Emeritus and could not contact LC vice-presidents or LC
¶¶ 10/11 - After May 6, 2015 - Aguillard is
allegedly isolated and not allowed to participate in
customary faculty functions; Dr. Brewer allegedly refuses to
communicate with Aguillard.
¶ 13 - August 18, 2015 - LC publishes recruitment flier
which allegedly features pictures of Kyle Johnson and
Calvinists who had allegedly bullied and threatened
¶¶ 14 through 18 - September 28, 2015 - Aguillard
meets with Don Benton Connor (hired by LC) who allegedly
threatens Aguillard, takes Aguillard’s computers, slams
computer top on Aguillard’s hand – resulting in
Aguillard’s three-week hospital stay for trauma.
¶¶ 17; 19 – After September 28, 2015 -
Aguillard’s computers allegedly “hacked, ”
and Aguillard allegedly stalked and followed on orders of Dr.
¶ 20 – December 2, 2015 - Dr. Brewer allegedly
meets with Aguillard’s supervisor, supposedly to obtain
statements from supervisor that Aguillard could not perform
his job due to illness; supervisor allegedly refuses and is
¶¶ 21/22- January 2016 - Aguillard notified of
dismissal proceedings and is placed on Administrative leave.
¶ 27 - February 17, 2016 - Aguillard allegedly locked
out of his office and “denied access to ... his
property stored in his office.”
¶ 28 – February 23, 2016 hearing at which Faculty
Affairs Advisory Committee (“FAAC”) recommends
terminating Aguillard’s employment, and
Aguillard’s appeal to Board of Trustees Executive
Committee is unsuccessful; Aguillard terminated as of March
November 13, 2018, Aguillard filed a motion for leave to file
his First Amended Complaint [Doc. No. 32], and on March 1,
2019, the First Amended Complaint was filed [Doc. No. 58].
to Aguillard’s IIED claim are Paragraphs 27A, 31A, 31B,
and 33A of the ...