Toney

Dr. Joe David Toney was a black professor of chemistry at Fresno State College. Dr. Phillip Walker was the acting dean of the school of arts and sciences at the same institution. Toney sued Walker and the State of California (hereinafter “State”) in two causes of action for defamation and intentional infliction of emotional distress. There were also fictitiously named defendants who were dismissed from the action at the pretrial conference. The jury returned a money verdict in Toney’s favor against State only for $10,000. The verdict was in favor of Walker individually and against Toney on the complaint.

Walker cross-complained against Toney, alleging intentional infliction of emotional distress and false imprisonment. The jury found in favor of Toney and against Walker on the cross-complaint. No appeal has been filed from that part of the judgment.

State has appealed the judgment against it, and Toney filed an appeal from the judgment in favor of Walker on the complaint. However, Toney admits that he is seeking a reversal of the judgment as to Walker only if the judgment against State is reversed. Therefore, since we affirm the judgment against State, we need consider…