Crozman v. Callahan

• Decision Date: 21 November 1955
• Docket Number: 6742.,Civ. No. 6741
• Citation: 136 F. Supp. 466
• Parties: John F. CROZMAN, Plaintiff, v. Walter CALLAHAN, Defendant. Miles MILLER, Plaintiff, v. Walter CALLAHAN, Defendant.
• Court: U.S. District Court — Western District of Oklahoma

136 F. Supp. 466

John F. CROZMAN, Plaintiff, v. Walter CALLAHAN, Defendant.

Miles MILLER, Plaintiff, v. Walter CALLAHAN, Defendant.

Civ. Nos. 6741, 6742.

United States District Court W. D. Oklahoma.

November 21, 1955.

Charlie D. Hicks, Midwest City, Okl., for plaintiffs.

Paul W. Cress, U. S. Atty., and H. Dale Cook, Asst. U. S. Atty., Oklahoma City, Okl., for defendant.

WALLACE, District Judge.

The plaintiffs, John F. Crozman and Miles Miller, instituted these two actions to recover for slanderous remarks allegedly made by the defendant, Walter Callahan, while all three were serving in the United States Air Force at Tinker Air Force Base, Oklahoma City, Oklahoma.

The defendant moves to dismiss both cases for failure to state claims upon which relief can be granted. Inasmuch as the alleged slanders arise out of the same general incident; and, because the two motions involve identical principles of law, both motions will be considered in this opinion.

In Case No. 6741, plaintiff Crozman asserts that while he "was going about the particular duties assigned to him of checking the guards stationed at the different posts on said base, that as plaintiff approached a certain building known as hangar No. 2, he was accosted by said defendant and in the presence of one Airman 2nd Class Miles Miller, said defendant, spoke, uttered, and published of and concerning of this plaintiff, certain slanderous, false, malicious, scandalous and defamatory words, in words as follows, to wit: `You f—king bastards don't do anything but ride around on your fat asses.'"

In Case No. 6742, plaintiff Miller alleges that while he "was stationed at a guard post at the entrance of a building known as Hangar No. 2, he, the said plaintiff, was accosted by said defendant and in the presence of one Airman 2nd Class John F. Crozman, said defendant, spoke, uttered, and published of and concerning of this plaintiff, certain slanderous, false, malicious, scandalous and defamatory words, in words as follows, to wit: `You God-damned Stooge.'"

Both complaints further allege, in substance, that these remarks tended to blacken and injure the honesty, virtue, integrity, morality and reputation of the plaintiffs and exposed them to public contempt and ridicule.

In essence, the defendant argues that inasmuch as at the time of the complained of incident he was discharging official military duties, his conduct was clothed with official immunity and that plaintiffs' sole mode of redress lies in military channels.¹ In addition, the defendant asserts that plaintiffs have failed to allege actionable claims of slander as a matter of substantive law.

Admittedly, the defendant was engaged in military duties at the time of the alleged remarks. However, such remarks if made,² can under no theory be deemed as furthering the official responsibilities resting upon the defendant. It is clear that a person in the military service has a civil remedy for any abuse of authority by his military superiors;³ and, remarks of a slanderous character are no exception. The instant set of circumstances must be sharply distinguished from those wherein the asserted grievances arise out of activities properly falling within the scope of official duties, such as the administration of disciplinary action or functions wherein the military officials are acting in a judicial or quasi-judicial capacity. Obviously, where such circumstances exist the military officials must have the same freedom of action, without a fear of personal liability, as that enjoyed by civilian judicial authorities.⁴ Significantly, however, an officer, even when acting within the scope of his authority, can incur civil liability if his actions are influenced by malice, corruption, or cruelty.⁵

Distinct from the issues of military immunity and jurisdiction is the question of whether the alleged remarks present an actionable claim. After careful study the court has concluded they do not. The common law has long recognized that words of general abuse, regardless how crude, uncouth or vexatious, unless defamatory within themselves cannot serve as a basis for a defamation action in the absence of an allegation of special damages;⁶ and, the mere fact the words are insulting and injure the feelings of the one at whom the remarks are directed does not of itself give rise to an action.⁷ The remarks under consideration, although undeniably vulgar and offensive, do not fall within any of the various categories of publications recognized by the Oklahoma statute to be slanderous per se.⁸ Subsection (3) of the pertinent enactment which makes utterances which tend "directly to injure him in respect to his office, profession, trade or business, * * * by imputing to him general disqualification in those respects which the office or other occupation peculiarly requires" is the provision most nearly applicable. Yet, it seems clear beyond argument that the complained of remarks, under the circumstances established by the complaints' allegations, can only be deemed as words of abuse calculated to "annoy and irk", and, were not such as imputed to the plaintiffs' general disqualification touching peculiar abilities needed to follow their occupations.

Inasmuch as the plaintiffs have not alleged, and cannot prove, special damages flowing from the remarks in question, defendant's motions to dismiss are hereby sustained.⁹

1 For general jurisdiction of military court see 50 U.S.C.A. §§ 551, 552. See in particular § 687 which provides: "any person subject to this chapter who is guilty of cruelty toward, or oppression or maltreatment of, any person subject to his orders shall be punished as a court-martial may direct." Also, see § 711 which states: "Any person subject to this chapter who uses provoking or reproachful words or gestures towards any other person subject to this chapter shall be punished as a court-martial may direct."

2 The defendant's version of the controverted incident, as shown by a sworn statement obtained by discovery, is that he said: "`Serg (Crozman), will you please go around to the front of the hangar and get my jeep and move it into the hangar?' He replied that he could not as his name `was not on the trip ticket'. I wasn't sure I correctly understood him and I repeated my request and he gave me the same answer. I gave this order to get the said USAF jeep moved to its proper parking space. I did not address Airman Crozman any further, but speaking to the said Colonel Knoll I said something...