JR EX REL. RR v. Malley, 62 So. 3d 902

J.R., a minor, sued Malley and Janet Malley after Malley pled guilty to two counts of fondling a 12-year-old, alleging battery, IIED, and outrageous conduct.
Malley, aged 58, was the State of Mississippi employee and reserve/jail trainer; he fondled J.R. in 2003, when J.R. was about 12.
In 2004 Malley entered a Petition to Enter Plea of Guilty to fondling under Miss. Code § 97-5-23; the circuit court accepted the plea and entered a judgment of conviction.
In March 2008 J.R. filed a civil complaint asserting various tort claims arising from the same incidents, with Malley’s conviction cited.
J.R. moved for partial summary judgment asserting collateral estoppel and final conviction established fault for battery, IIED, and outrageous conduct; the circuit court denied the motion.
This interlocutory appeal asks whether genuine issues of material fact exist regarding Malley’s civil liability for crimes committed against J.R.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether genuine issues of material fact exist regarding Malley’s civil liability for crimes against J.R.	J.R. argues final conviction establishes fault in torts for the two incidents.	Malley contends no proof of intent or causation; the plea admits acts but not damages or causation.	Court reverses in part and remands; fault for battery established but not causation/damages; facts on other acts and damages remain for jury.

Jordan v. McKenna, 573 So.2d 1371 (Miss. 1990) (conviction establishes fault in tort for related civil action)
McKenna, 573 So.2d 1373 (Miss. 1990) (rape statute within tort fault framework; evidence of fault from conviction)
Wilcher v. State, 697 So.2d 1087 (Miss. 1997) (conviction constitutes final facts for use in civil suit)
Wilson v. Gen. Motors Acceptance Corp., 883 So.2d 56 (Miss. 2004) (intent as fact question; not controlling when underlying conviction exists)
Morgan v. Greenwaldt, 786 So.2d 1037 (Miss. 2001) (elements of battery and intent)