Cameron v. Brock

• Decision Date: 13 February 1973
• Docket Number: 1564.,No. 72-1563,72-1563
• Citation: 473 F.2d 608
• Parties: William C. CAMERON, Plaintiff-Appellee, v. John C. BROCK et al., Defendants-Appellants.
• Court: U.S. Court of Appeals — Sixth Circuit

473 F.2d 608 (1973)

William C. CAMERON, Plaintiff-Appellee, v. John C. BROCK et al., Defendants-Appellants.

Nos. 72-1563, 1564.

United States Court of Appeals, Sixth Circuit.

Argued December 7, 1972.

Decided February 13, 1973.

John F. Dugger, Morristown, Tenn., for defendants-appellants, John C. Brock, Richard Baxter & Johnny French.

Erma G. Greenwood, Knoxville Tenn., for defendant-appellant, Queen Ins. Co. of America; Kramer, Dye, Greenwood, Johnson, Rayson & McVeigh, Knoxville, Tenn., and Nat R. Coleman, Jr., of Milligan, Silvers, Coleman, Fletcher & Gaby, Greeneville, Tenn., on brief.

Philip P. Durand, Knoxville, Tenn., for plaintiff-appellee, William C. Cameron.

Before PHILLIPS, Chief Judge, and CELEBREZZE and KENT, Circuit Judges.

PHILLIPS, Chief Judge.

The appellants, the sheriff of Hamblen County, his bonding company and two deputies, appeal a civil judgment obtained by jury verdict under 42 U.S.C. §§ 1983, 1985(3).

The case arises from a heated 1970 campaign for sheriff in an East Tennessee County, in which the defendant-appellant sheriff was challenged for re-election. The appellee was an active supporter of the incumbent's opponent.

On the night before the election, at about 6 p. m., Sheriff Brock had a meeting with his supporters in Morristown to discuss a strongly worded pamphlet being distributed by his opposition which alleged certain improprieties on the part of the sheriff during his tenure in office. Later that evening, about 9:30, the sheriff, after being informed of the presence of some of the pamphlets in a truck in a local garage, went to the garage and threatened the owner of the truck. When the owner of the truck objected to the abuse, the sheriff reportedly placed his hand on his gun and said: "Come on." In the sheriff's presence, and apparently at his direction, the pamphlets were destroyed. Deputy Johnny French accompanied the sheriff at the garage and stated that "somebody is going to get in trouble over these" and that "this is going too damn far."

About 10 p. m., the appellee, who was distributing the pamphlets on Main Street in Morristown, was arrested. The exact circumstances surrounding the arrest are disputed. It appears that the appellee was arrested by Deputy Richard Baxter and taken to the local jail. Baxter claims that he was told by some eyewitnesses that the appellee had entered an automobile and that the owner of the automobile reported his wallet missing. The appellee asserts the only information given the deputy by the passersby, who were supporters of the sheriff, was that "he's right over there." The deputy had no warrant for the appellee's arrest and did not examine or search the car in question. During the trip to the jail, according to the appellee, the deputy radioed the sheriff and stated that "I have one of them." The sheriff responded "Take him to jail. I will be there."

At the jail, a warrant was issued for breaking and entering the car on Main Street. It should be noted that the warrant was first issued on a charge of littering. This was changed later to breach of the peace and then later changed again to breaking and entering. Appellee remained in jail until 1 a. m. when bond was posted. At a preliminary hearing later, the Judge of the general sessions court who issued the warrant dismissed the charge when one of the eyewitnesses, the owner of the car, conceded that he had not seen the appellee enter the car after all.

After a jury trial in this action, the appellee was awarded a $15,000 judgment. The appellants appeal. The basic claim of the officials is that there was not sufficient evidence introduced to support a suit under § 1985(3) and that the district judge's charge to the jury was improper. The bonding company, while reiterating the other appellants' claim on the merits of the suit, additionally asserts that even if the sheriff is individually liable to the appellee here, the bonding company is not liable because the acts complained of were committed by the deputies under mere color of law and not by virtue of office and that, under Tennessee law, it is not liable in such case.

The most recent authoritative explication of the requirements of a § 1985(3) suit was set out by the Supreme Court in Griffin v. Breckenridge, 403 U.S. 88, 91 S.Ct. 1790, 29 L.Ed.2d 338 (1971). That decision, which made private conspiracies actionable under § 1985(3) for the first time, stated that the complaint must allege the conspiracy's existence, its purpose to deprive a person or class of persons of equal protection of the laws, an act in furtherance of the conspiracy and injury or deprivation of the rights of the plaintiff.

The Court held that the conspiracy's intent to deprive a person or class of persons of their rights must be invidiously discriminatory. The Court expressly declined to rule on whether non-racial discrimination might be such invidious discrimination.¹ In an earlier decision, however, the Court at least implied that class-based non-racial discrimination would be actionable. Snowden v. Hughes, 321 U.S. 1, 11, 64 S.Ct. 397, 88 L.Ed. 497 (1944). It should also be noted that the words of the statute itself make no reference to a requirement of racial discrimination.

This court recently found sufficient an allegation under § 1985(3) that a single family was deprived of the equal protection of the law. Azar v. Conley, 456 F.2d 1382 (6 Cir. 1972). No racial discrimination was involved in the Azar case. See also Harrison v. Brooks, 446 F.2d 404, 407 (1st Cir. 1971).

We hold that § 1985(3)'s protection reaches clearly defined classes, such as supporters of a political candidate. If a plaintiff can show that he was denied the protection of the law because of the class of which he was a member, he has an actionable claim under § 1985(3). This interpretation does not transform the statute into the "general federal tort law" feared by the Griffin Court and gives full effect to the Congressional purpose in enacting the statute.

In the instant case, the jury, in returning the general verdict in favor of the appellee, chose to believe his testimony and disbelieve the claims of the appellants that there was probable cause to arrest the appellee. The jury chose to believe that these appellants conspired to deprive the appellee, and other supporters of the sheriff's opponent, of the protection of the First Amendment in distributing campaign material. The appellants carried out this conspiracy by harassing the appellee, having him arrested and incarcerated. These conclusions are supported by the record. The appellants conspired to deprive the appellee of his rights and the purpose of the deprivation was to halt or discourage anti-Brock activity on the part of the challenger's supporters. The elements of a § 1985(3) suit were present and the jury had sufficient evidence before it to find for the appellee, as it did.

The appellants also claim that the charge to the jury was improper in that it did not require that the jury find a specific intent on the part of the defendants to deprive the appellee of the equal protection of the laws. As the Griffin Court stated: "The motivation aspect of § 1985(3) focuses not on scienter in relation to deprivation of rights but on invidiously discriminatory animus." 403 U.S. at 102, n. 10, 91 S.Ct. at 1798. It is sufficient to show that these appellants were acting...