Adams v. Boy Scouts of Am.-Chickasaw Council

• Decision Date: 13 April 2001
• Docket Number: DEFENDANT-APPELLEE,No. 00-1424,AMERICA-CHICKASAW,PLAINTIFFS-APPELLANTS,00-2064,00-1424
• Citation: 271 F.3d 769
• Parties: (8th Cir. 2001) MICHAEL ADAMS, INDIVIDUALLY AND ON BEHALF OF RANDY HARRIS AND DERRICK HARRIS, MINORS; FLOYD JONES, INDIVIDUALLY AND AS NATURAL GUARDIAN AND NEXT FRIEND OF RANDY HARRIS AND DERRICK HARRIS, MINORS; WANDA JONES, INDIVIDUALLY AND AS NATURAL GUARDIAN AND NEXT FRIEND OF RANDY HARRIS AND DERRICK HARRIS, MINORS; DERRICK HARRIS; RANDY HARRIS,v. BOY SCOUTS OFCOUNCIL, KIWANIS CLUB OF MEMPHIS; T.J. POWELL, INDIVIDUALLY AND IN HIS CAPACITY AS SHARP COUNTY SHERIFF, AKA SONNY POWELL; DEFENDANTS. DEWAYNE HALCOM, SHARP COUNTY DEPUTY SHERIFF, CHEROKEE VILLAGE SID, DEFENDANT. MICHAEL ADAMS, INDIVIDUALLY AND ON BEHALF OF RANDY HARRIS AND DERRICK HARRIS, MINORS; FLOYD JONES, INDIVIDUALLY AND AS NATURAL GUARDIAN AND NEXT FRIEND OF RANDY HARRIS AND DERRICK HARRIS, MINORS; WANDA JONES, INDIVIDUALLY AND AS NATURAL GUARDIAN AND NEXT FRIEND OF RANDY HARRIS AND DERRICK HARRIS, MINORS,, v. BOY SCOUTS OF AMERICA, INC., CHICKASAW COUNCIL, KIWANIS CLUB OF MEMPHIS; T.J. POWELL, INDIVIDUALLY AND IN HIS CAPACITY AS SHARP COUNTY SHERIFF; ALSO KNOWN AS SONNY POWELL, DEWAYNE HALCOM, SHARP COUNTY DEPUTY SHERIFF; CHEROKEE VILLAGE SID, DEFENDANTS. Submitted:
• Court: U.S. Court of Appeals — Eighth Circuit

Page 769

271 F.3d 769 (8th Cir. 2001)

MICHAEL ADAMS, INDIVIDUALLY AND ON BEHALF OF RANDY HARRIS AND DERRICK HARRIS, MINORS; FLOYD JONES, INDIVIDUALLY AND AS NATURAL GUARDIAN AND NEXT FRIEND OF RANDY HARRIS AND DERRICK HARRIS, MINORS; WANDA JONES, INDIVIDUALLY AND AS NATURAL GUARDIAN AND NEXT FRIEND OF RANDY HARRIS AND DERRICK HARRIS, MINORS; DERRICK HARRIS; RANDY HARRIS, PLAINTIFFS-APPELLANTS. v. BOY SCOUTS OF AMERICA-CHICKASAW COUNCIL, DEFENDANT-APPELLEE.

KIWANIS CLUB OF MEMPHIS; T.J. POWELL, INDIVIDUALLY AND IN HIS CAPACITY AS SHARP COUNTY SHERIFF, AKA SONNY POWELL; DEFENDANTS.

DEWAYNE HALCOM, SHARP COUNTY DEPUTY SHERIFF, DEFENDANT-APPELLEE.

CHEROKEE VILLAGE SID, DEFENDANT.

MICHAEL ADAMS, INDIVIDUALLY AND ON BEHALF OF RANDY HARRIS AND DERRICK HARRIS, MINORS; FLOYD JONES, INDIVIDUALLY AND AS NATURAL GUARDIAN AND NEXT FRIEND OF RANDY HARRIS AND DERRICK HARRIS, MINORS; WANDA JONES, INDIVIDUALLY AND AS NATURAL GUARDIAN AND NEXT FRIEND OF RANDY HARRIS AND DERRICK HARRIS, MINORS, PLAINTIFFS-APPELLANTS, v. BOY SCOUTS OF AMERICA, INC., CHICKASAW COUNCIL, DEFENDANT-APPELLEE.

KIWANIS CLUB OF MEMPHIS; T.J. POWELL, INDIVIDUALLY AND IN HIS CAPACITY AS SHARP COUNTY SHERIFF; ALSO KNOWN AS SONNY POWELL, DEWAYNE HALCOM, SHARP COUNTY DEPUTY SHERIFF; CHEROKEE VILLAGE SID, DEFENDANTS.

No. 00-1424, 00-2064

UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT

Submitted: April 13, 2001

Filed: November 21, 2001

Appeal from the United States District Court for the Eastern District of Arkansas

[Copyrighted Material Omitted] Before McMILLIAN, Loken and Hansen, Circuit Judges.

McMILLIAN, Circuit Judge

Michael Adams, Floyd Jones, Wanda Jones, Derrick Harris, and Randy Harris (collectively "appellants"), each of whom is African-American, appeal from a final order entered in the United States District Court¹ for the Eastern District of Arkansas granting summary judgment in favor of the Boy Scouts of America, Inc. - Chickasaw Council (hereinafter "Boy Scouts Chickasaw Council") and Dewayne Halcom (together "appellees") on appellants' claims alleging racial discrimination in violation of their federal constitutional and statutory rights. Adams v. Boy Scouts of America -Chickasaw Council, No. 3CV98313 (E.D. Ark. Jan. 5, 2000) (order granting summary judgment) (hereinafter "slip op."). For reversal, appellants argue that the district court erred in dismissing their claims pursuant to 42 U.S.C. §§ 1981, 1983, 1985(3), 1986, and 2000a on grounds that they failed as a matter of law to establish any triable claims. Appellants also appeal from an order of the district court assessing costs against them in the amount of $2,056.51. Id. (Mar. 15, 2000) (order imposing costs). For reversal of that order, appellants rely on their challenge to the underlying judgment and additionally argue that, even if the judgment is affirmed, the award of costs should be vacated as inequitable in light of the relative financial positions of the parties. For the reasons stated below, we affirm the judgment of the district court and affirm the award of costs.

Jurisdiction

Jurisdiction in the district court was proper based upon 28 U.S.C. §§ 1331, 1343. Jurisdiction on appeal is proper based upon 28 U.S.C. § 1291. The notices of appeal were timely filed pursuant to Fed. R. App. P. 4(a).

Background

The Kiwanis Club of Memphis sponsored a one-week summer camp ("the camp") which began on Monday, July 20, 1997, and was held at the Kia Kima Scout Reservation in Hardy, Arkansas, under the direction of the Boy Scouts Chickasaw Council. The camp was attended by 68 inner-city youths ("campers") and several adult volunteers. Approximately seventy percent of the campers were African-American. Slip op. at 1-2.

Michael Adams attended the camp as a volunteer overseer and observer for the Kiwanis Club of Memphis. Floyd Jones attended as a parent volunteer. Randy Harris and Derrick Harris, Floyd Jones's two stepsons, were campers. Wanda Jones did not attend the camp; she is the wife of Floyd Jones and the mother of Randy Harris and Derrick Harris.² Id.

Based upon events allegedly occurring at, and in connection with, the camp, appellants brought the present action in the district court against appellees and the Kiwanis Club of Memphis, T.J. "Sonny" Powell (as Sheriff of Sharp County), the Cherokee Village Securities Officers, and "John Doe(s)." The "John Doe(s)" were described as "employees and/or agents of the Boy Scouts of America who were camp directors and administrators as well as teen counselors at Camp Kia Kima Reservation and deputy sheriffs of Sharp County, Arkansas." Appellants' Appendix at 18 (complaint ¶ VII).

The complaint generally alleged that appellants and many other campers were subjected to racism and other forms of mistreatment at the camp and that the campers were inadequately supervised. See id. at 19-21 (¶¶ IX-XIV). In addition to asserting claims under 42 U.S.C. §§ 1981, 1983, 1985(3), 1986, and 2000a, the complaint also purported to assert claims under state common law and the Thirteenth and Fourteenth Amendments, which are not at issue in the present appeal.

In particular, the complaint alleged the following. During the operation of the camp, male Caucasian camp counselors forced campers to eat charred wood under threat that their breakfast would be withheld, forced campers to drink lake water, left campers in the woods unsupervised, and placed ammonium carbonate under campers' noses while they slept. Id. (¶ IX). Male camp counselors subjected female campers to "lurid comments and conduct" and made female campers shower in the boys' shower area while boys were present in the area, then beat on the shower wall forcing the female campers to run out of the showers half-dressed. Id. (¶ X). On or about July 23, 1997, Adams "reported several incidents to camp administrators" and was told that his claims were not true. Id. (¶ XI).³ Adams also complained that camp officials and counselors were inadequately trained and prepared for the camp. Id. On or about July 25, 1997, Adams and ten campers told camp administrators about specific unacceptable behavior by camp counselors and requested either adult supervision for the campers or transportation back to Memphis. Id. (¶ XII). Adams was informed that he would be the only one leaving the camp and was ordered to pack his belongings. Id. Later that evening, Adams was forced by Cherokee Village security officers to leave in the camp van. The camp director drove the van and was accompanied by another camp representative. Floyd Jones, Randy Harris, and Derrick Harris left with Adams. Id.

The complaint further alleged that, when the van reached Ashflat, Arkansas, it was met by a sheriff's patrol car and escorted to the sheriff's department in Ashflat.⁴ Id. At the sheriff's department, a deputy sheriff forced Adams to exit the van, and the camp director told Adams that he would have to find his own transportation back to Memphis. Floyd Jones, Randy Harris, and Derrick Harris also got out of the van at the sheriff's department. Id. (¶ XIII).

The complaint additionally alleged that a sign bearing the letters "KKK" hung on the wall in the camp office, even though the name of the reservation was "Kia Kima Scout Reservation."⁵ Id. (¶ XIV). According to the complaint, "[t]he presence of this racist symbol caused [appellants] great concern and fear as well as mental anguish." Id.

Appellants sought $5,000,000.00 in compensatory damages, $10,000,000.00 in punitive damages, injunctive relief, declaratory judgment, attorney's fees, and expenses. Id. at 25-26 (prayer for relief).

Appellees moved for summary judgment, and the district court granted their motion on January 5, 2000. The district court determined that the following facts were not in genuine dispute. The alleged mistreatment and neglect of the campers did not directly affect any of the named plaintiffs (i.e., appellants), and most of the alleged problems at the camp equally affected Caucasian and African-American campers. See slip op. at 2 (citing Adams's deposition at 83-84, 108-09).⁶ On July 25, 1997, after Adams and the ten campers complained to the camp administrators, Cherokee Village security officers were called to the scene; Adams was told that he had to leave the camp, to which he responded that "he had no problem with that" and "was ready to leave." Id. at 3 (citing Adams's deposition at 168). The camp administrators then changed their minds and told Adams he could stay. Id. However, later that evening, after an argument arose between Adams and camp administrators, Adams was again told to leave, and security officers were again called in for assistance. The security officers never touched Adams and were present only in case Adams refused to leave peacefully. Id. Jones and his two stepsons, Randy Harris and Derrick Harris, were not asked to leave, but left voluntarily. Id. (citing Floyd Jones's deposition at 120-21).⁷ After the camp van had been escorted to the sheriff's department and Adams was told to get out of the van, the camp director offered to drive Floyd Jones and his stepsons back to Memphis; they declined the offer, however, and together with Adams arranged their own transportation back to Memphis. Id. at 4.

In analyzing the legal issues raised by appellees' motion for summary judgment, the district court first determined that, even if a genuine issue of fact existed as to whether race was a motivating factor in the Boy Scouts Chickasaw Council's decision to ask Adams to leave the camp, that issue of fact was nevertheless not outcome determinative. See id. at 6. In other words, the district court held that there were other legal shortcomings regarding essential aspects of appellants' claims which warranted judgment for appellees as a matter of law.

As to appellants' claims under 42 U.S.C. §§ 1985(3) and 1986, the district court noted that there was no evidence of a race-based conspiracy - that is, a conspiracy to deprive appellants...