310 So.3d 1229
Miss. Ct. App.2021Background
- Turner was hired as pharmacist-in-charge at Town Pharmacy in April 2017; relations with owners and staff were strained.
- On Sept. 2, 2017, relief pharmacist Segura dispensed four diazepam pills to a customer after an oral prescription; a written prescription was in the pharmacy by Sept. 5.
- Turner suspected illegal dispensing but did not confront Segura, did not depose the doctor or customer, and did not preserve direct evidence of criminal conduct.
- On Sept. 19 Turner and owner Tommy Turfitt argued after Turner raised Board of Pharmacy regulations; Turner and Tommy dispute whether she resigned or was fired.
- Turner sued under McArn (wrongful discharge for reporting illegal acts), alleging she was terminated for reporting Segura’s alleged illegal dispensing; Town Pharmacy moved for summary judgment.
- The circuit court granted summary judgment for Town Pharmacy; the Court of Appeals affirmed, holding Turner failed to show criminal conduct had occurred.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether reported conduct was criminal (McArn threshold) | Turner: Segura dispensed a Schedule IV drug without a current written prescription and failed to ‘promptly’ reduce the oral prescription to writing | Town Pharmacy: Evidence shows dispensing occurred pursuant to an oral prescription that was reduced to writing by next business day; no crime shown | Court: No genuine dispute that a crime occurred; summary judgment for Town Pharmacy (threshold dispositive) |
| Whether Turner was fired or resigned | Turner: She was fired in retaliation for reporting illegal dispensing | Town Pharmacy: Turner resigned; no termination | Court: Not reached on merits because threshold failure; circuit court also found resignation but unnecessary to decide |
| Causation—termination because of reporting | Turner: Her job ended because she reported/ refused to participate in illegal conduct | Town Pharmacy: No evidence linking any termination to reporting criminal acts | Court: Not addressed after resolving threshold issue; circuit court found no proof of causal link |
| Adequacy of evidence to survive summary judgment | Turner: Points to Board regs, the oral instruction, and timing of written prescription | Town Pharmacy: Turner failed to gather or present admissible evidence (Segura, doctor, customer) showing a crime | Court: Turner failed to state specific illegal conduct and point to evidence showing violation of criminal statute; summary judgment affirmed |
Key Cases Cited
- McArn v. Allied Bruce-Terminix Co., 626 So. 2d 603 (Miss. 1993) (recognizes narrow public-policy tort for employees fired for reporting illegal acts)
- Roop v. S. Pharms. Corp., 188 So. 3d 1179 (Miss. 2016) (McArn applies only where acts warrant criminal penalties)
- White v. Cockrell, 190 So. 3d 878 (Miss. Ct. App. 2015) (plaintiff must specify illegal conduct, point to record evidence, and show how statute was violated)
- Gray v. Town of Terry, 196 So. 3d 211 (Miss. Ct. App. 2016) (plaintiff’s subjective belief that conduct is illegal is insufficient for McArn)
- Obene v. Jackson State Univ., 233 So. 3d 872 (Miss. Ct. App. 2017) (McArn applies only where activity is actually illegal)
- Ill. Cent. R.R. Co. v. Jackson, 179 So. 3d 1037 (Miss. 2015) (standard of review for summary judgment)
- Glover ex rel. Glover v. Jackson State Univ., 968 So. 2d 1267 (Miss. 2007) (summary-judgment evidentiary thresholds)