Bowman v. White

Decision Date08 January 1968
Docket NumberNo. 11396,11510.,11396
Citation388 F.2d 756
PartiesJ. DeWitt BOWMAN, Appellant, v. Ben WHITE, Appellee. J. DeWitt BOWMAN, Appellant, v. FIRST NATIONAL BANK OF HARRISONBURG, Luther Wright and Leon Wright, Harrisonburg Loan and Thrift Co., Inc., K. L. Chapman, Jr., J. Leicester Watts and Combined Insurance Company of America, Appellees.
CourtU.S. Court of Appeals — Fourth Circuit

COPYRIGHT MATERIAL OMITTED

J. DeWitt Bowman, pro se.

Robert S. Irons, Asst. U. S. Atty., for appellee Ben White.

Henry C. Clark, Harrisonburg, Va., and Jack B. Russell, Richmond, Va., (W. W. Wharton, Harrisonburg, Va., and Wayt B. Timberlake, Jr., Staunton, Va., on brief) for appellees First Nat. Bank of Harrisonburg and others.

Before HAYNSWORTH, Chief Judge, CRAVEN, Circuit Judge, and WOODROW W. JONES, District Judge.

WOODROW WILSON JONES, District Judge:

As the facts in these cases, i. e. Nos. 11,396 and 11,510 were set forth in the same complaint and are so interwoven that the cases were briefed and argued together, this court has therefore consolidated them for decision.

On February 7, 1966, appellant, J. DeWitt Bowman, a Virginia dairy farmer, representing himself, filed a Complaint in the Western District of Virginia against First National Bank of Harrisonburg, Virginia, Luther Wright, Leon Wright, Harrisonburg Loan & Thrift Company, Inc., Ben White, K. L. Chapman, Sr., J. Leicester Watts, and Combined Insurance Company of America, containing a great volume of allegations suggesting breach of contract, personal injuries, conspiracy, and fraud, and seeking damages totaling $200,000. He alleges that on or about February 10, 1961, he purchased hay from the defendants Luther and Leon Wright and that while loading said hay on a truck, they recklessly, carelessly and negligently threw a bale upon and against appellant's knee resulting in permanent injury; that their liability insurance carrier failed to compensate him adequately for said injury and that he is therefore entitled to judgment against them for $24,865. He further alleges that his insurance carrier, the defendant Combined Insurance Company of America, failed to comply with the terms of its accident policy to adequately compensate him for this injury.

Appellant charges that the defendants, Luther and Leon Wright, Harrisonburg Loan & Thrift Company, Inc., and K. L. Chapman, Sr., conspired to force him into involuntary bankruptcy so that they obtained certain prior payments, settlements and preferential rights; and that said defendants wrongfully complained to the local office of Farmers Home Administration about their alleged indebtedness and thereby prevented appellant from obtaining a loan from said government agency. He contends that Luther and Leon Wright wrongfully obtained confidential and privileged information from the defendant First National Bank of Harrisonburg, Virginia, concerning his bank account and as a result thereof they extorted from him by fear and intimidation an additional payment for the hay purchased.

Appellant further alleges that the defendant, Ben White, County Supervisor of Farmers Home Administration, a government agency, wrongfully transmitted "highly confidential and privileged information" to the defendants, Luther and Leon Wright, Harrisonburg Loan & Thrift Company, Inc. and K. L. Chapman, Sr., when he advised them that appellant's application for a loan would be denied, thereby causing Harrisonburg Loan & Thrift Company, Inc. to bring legal proceedings against him to attach his milk check, and to levy upon his other property. He contends the acts on the part of these defendants destroyed his dairy operation and rendered him helpless against the involuntary bankruptcy proceedings which were instituted against him. He also charges that the defendant, J. Leicester Watts, his attorney in the bankruptcy action, was negligent in the handling of his legal affairs in said proceeding.

These cases are before this court for review of the District Judge's action in dismissing Case #11,396 upon the motion of the defendant, Ben White, for summary judgment, and Case #11,510 for lack of Federal jurisdiction. Three issues are presented for review by this Court, namely:

1. Did the District Court err in granting the motion for summary judgment as to the defendant, Ben White?

2. Did the Federal District Court have jurisdiction of the claim against defendants, First National Bank of Harrisonburg, Virginia, Luther Wright, Leon Wright, Harrisonburg Loan & Thrift Company, Inc., K. L. Chapman, Sr., J. Leicester Watts, and Combined Insurance Company of America?

3. Did the District Court properly exercise its discretion in refusing to appoint counsel for plaintiff in the circumstances of this case?

The court will first consider the motion for summary judgment as to the defendant, Ben White.

Rule 56 of Federal Rules of Civil Procedure requires summary judgment for the defending party if the pleadings, depositions, answer to interrogatories and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.

Appellant's action against the defendant, Ben White, is founded upon the alleged facts that while acting in the capacity as County Supervisor of Farmers Home Administration, an agency of the Federal government, White did wrongfully transmit to defendants, Harrisonburg Loan & Thrift Company, Inc., Luther Wright, Leon Wright, and K. L. Chapman, Sr., information to the effect that appellant's application for a loan would be denied and that such information was highly confidential and privileged. In an affidavit filed with the court, the defendant, Ben White, set forth that he was serving as County Supervisor of Farmers Home Administration at the time alleged in the complaint and that he did reply to an inquiry made by the defendants in which he advised that appellant's application for a loan would be denied and that this was standard procedure governing the relations between Farmers Home Administration, local lending institutions, and creditors. E. C. Compton, State Director of Farmers Home Administration, set forth in an affidavit that all of White's actions respecting the Bowman loan were regular and in accord with the Farmers Home Administration's standard procedure. Both White and Compton set forth in their affidavits that all of White's actions were performed within the scope of his official authority and duty as County Supervisor for the Farmers Home Administration.

The record shows that the District Judge found as a fact that the defendant Ben White was acting within his official capacity and pursuant to his official duties in his dealings with the appellant in these cases. Appellant did not bring to the court a single fact substantiating his allegations of misdealings on the part of White. In fact, everything in the record indicates that defendant White's contacts with others in connection with appellant's loan application, were of a legitimate investigatory nature and were necessary to establish whether the appellant should be granted a Farmers Home Administration loan.

It is a well established principle of law that a public official, acting in his official capacity and in pursuit of his official duties, is immune from suit for damages. The allegations of the complaint, together with all other pertinent parts of the record bring this case clearly within the doctrine laid down by this court in the case of Holmes v. Eddy, 341 F.2d 477 (4th Cir. 1965), wherein the court said: "Public...

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