Harden v. United States

• Decision Date: 11 February 1980
• Docket Number: Civ. A. No. 178-131.
• Citation: 485 F. Supp. 380
• Parties: Janet L. HARDEN, and James M. Harden, Plaintiffs, v. UNITED STATES of America, Defendant.
• Court: U.S. District Court — Southern District of Georgia

485 F. Supp. 380

Janet L. HARDEN, and James M. Harden, Plaintiffs, v. UNITED STATES of America, Defendant.

Civ. A. No. 178-131.

United States District Court, S. D. Georgia, Augusta Division.

February 11, 1980.

COPYRIGHT MATERIAL OMITTED

Thomas R. Burnside, Jr., James B. Wall, Burnside & Wall, Augusta, Ga., for plaintiffs.

Kenneth C. Etheridge, Asst. U. S. Atty., William T. Moore, Jr., U. S. Atty., Savannah, Ga., for defendant.

MEMORANDUM OF OPINION AND ORDER

BOWEN, District Judge.

This wrongful death action was originally brought by Mrs. Janet L. Harden who had a cause of action authorized by Ga. Code § 105-1307 against the United States of America under the provisions of Chapter 171, Title 28, United States Code. There is no dispute as to the jurisdiction of the Court or the jurisdictional facts of the case which is properly before this Court. The case presents the tragic and unnecessary death of a teenage boy by the alleged negligence of a Government employee. The non-jury trial was conducted before the Court from January 23 to January 25, 1980. Nineteen witnesses appeared at the trial and 73 documents, maps and photographs have been admitted in evidence. Two maps are appended to this opinion to aid in the complete understanding of the factual situation.

The findings of fact made by the Court are stated in this opinion in narrative form in compliance with Rule 52(a), Federal Rules of Civil Procedure. The facts stipulated by the parties have been incorporated, to the extent necessary. The national publication of the names of the youthful witnesses and event participants would serve no positive purpose. They are not identified in the narrative.

The plaintiff, Janet L. Harden, is the mother of Wesley Clayton Harden who died on September 4, 1977. James M. Harden is the husband of Janet L. Harden and the father of Wesley Clayton Harden. Plaintiffs' son was known to his family and friends as "Clay". His death was caused by a gunshot wound.

Clay Harden was a socially and athletically active boy. He was large for his age and was of average intelligence. To his misfortune, he was well-liked and accepted by a group of older boys whom he came to know through his athletic and school activities. This group of boys, who ranged in ages from 16 to 19 years, were loosely organized into a high school "fraternity" not recognized or sanctioned by school authorities. They called themselves Omega Phi Delta. The objects of the "fraternity" include no known redeeming characteristics. The only purposes or reasons for the existence of this "fraternity" were hazing and general "hell-raising." Clay Harden was a willing and active participant in the activities of the group. After being invited to join the group, he was to be initiated along with several other boys, on September 4, 1977.

On the afternoon of September 4, 1977, the members of the "fraternity", and those to be initiated, traveled by several automobiles from Augusta, Georgia, to Pollard's Corner in Columbia County, Georgia, which is located very near the Clark Hill Dam on the Savannah River. After meeting at Pollard's Corner, the group then traveled to the Ridge Road Campsite area, also in Columbia County, Georgia. The entire Ridge Road Campsite area is located on property owned and controlled by the United States of America known as the Clark Hill Reservoir Management Area.

When the group arrived at the Ridge Road Campsite Area well before dark, it was raining. It was Labor Day Weekend and the campsite area was crowded. There was one remaining campsite, that being No. 12. After driving around in the Ridge Road area, they decided to use Campsite 12 as the base for their hazing and initiation activities. The boys had several vehicles, including a van and a small pickup truck.

After arriving at the campsite, a United States Army Corps of Engineers "fee ranger" arrived and collected four dollars ($4.00) from the boys for the use of the campsite. How much sorrow could have been averted by this ranger's aggressive inquiry into the purposes of this relatively large group of boys would be mere speculation. But, such speculation is unavoidable in light of the fact that the contingent of rangers at Clark Hill is understaffed, and, in some cases, inadequately trained.

While it was raining, the entire group gathered in the van and drank beer from a keg which they had brought with them. Clay Harden drank some beer but was not intoxicated at the time of the incident which resulted in his death. Clay was in good health. He was unable to walk without limping, or to run, because he was recovering from surgery to his knee.

When the rain stopped, it was still cloudy and was almost dark. Columbia County is in the eastern daylight time zone, and full darkness does not occur at that time of year until about 9:00 p.m. The cloudy conditions accelerated the onset of darkness.

The boys got out of the van. Those to be initiated in the "fraternity" stripped naked and were liberally doused with raw eggs, flour, catsup, hot sauce, dirt, and other substances. Their nakedness was thus rendered revolting.

Campsite 12 lies along the Ridge Road. It is marked on the appended Exhibit "A." Exhibit "B" shows the entire peninsula area of the Ridge Road Campsite Area. Ridge Road continues down to a point of land in the reservoir where there is a loop in the road and other campsites. It is approximately 950 feet from Campsite 12 to the campsites at the end of Ridge Road. About 150 feet west of the driveway into Campsite 12, there is a road which is generally perpendicular to Ridge Road. This road is called the "Island Road." The Island Road crosses a bridge and goes to a small island in the reservoir which is part of the Ridge Road Campsite Area. The island contains several campsites which are spread around a loop in the road. These places are also shown on the appended exhibits. It is approximately 450 feet from the intersection of Ridge Road and the Island Road to the bridge.

Part of the initiation rite of this "fraternity" was to "streak." That is, the initiate had to run in his naked and degraded condition through other campsites occupied by weekend campers. As would be expected, the campers and their families who occupied the other campsites in the Ridge Road area were mature, law abiding, quiet, decent people bent on nothing more or less than clean, wholesome, outdoor, family recreation.

Just at dark, a loathsome, fearsome procession began. The initiates, wearing only the mixed ingredient slime applied by their tormentor friends, were herded east on Ridge Road toward the occupied campsites. They were followed closely by the senior members of the "fraternity" who were clothed, some of whom walked or ran, and some of whom rode in or upon the pickup truck. The lights on the truck were not used. The group proceeded at a walking pace and there was much noise and shouting of profanity. This procession went along the road, through the woods at times, and was disorganized, rowdy, and boisterous. Some of the boys rode on the hood of the truck, some jumped in and out of the truck, and some of the naked initiates walked and ran near or through the family campsites.

Other campers, particularly the women, were justifiably terrified. Two men who were at their boat near the water's edge heard "the commotion" and returned to their campsite. There the men found their wives crouching behind the camper in which they had locked their children for protection. Other campsites were similarly terrorized. Shots were fired from an unknown direction. The boys scattered. Some ran and some rode in the truck. They all went back up the Ridge Road in the direction of Campsite 12.

At this point, someone drove out of a neighboring campsite near the point in search of assistance. The identity of this person is unknown. He drove up the Ridge Road from the point, past Campsite 12 and the entrance to the Island Road, and, by chance, found a ranger employee of the United States Army Corps of Engineers. He said the ranger should get down to the campsite area on the point, and that there was about to be "a head-knocking contest" down there. The ranger, who had been patrolling a side road, immediately drove down the Ridge Road to the point.

The ranger who responded to the call was a "fee ranger" employed by the Corps. His name is Paul Strang, and is a man of no mean experience or background. He has served several tours in the United States Army in grades ranging from "buck private" to lieutenant colonel. He is a former minister, has several degrees, and has been a schoolteacher in the Richmond County, Georgia, system for six years. Paul Strang was hired as a "fee ranger" (GS-5), by the Corps on a seasonal basis. He worked during the peak recreational season. He was employed by the Corps during the summers of 1975, 1976, and 1977.

The duties of a "fee ranger" are set out in the job description admitted in evidence. Particular reference is made to the job description. Some of its major duties are to collect fees, issue permits, provide information to visitors and campers, and to perform surveillance and maintenance checks. The "fee ranger" has no authority to issue actual summons to violators of laws and regulations. However, "fee rangers" do issue warning citations to violators, are expected to enforce Corps regulations to the extent possible, and to maintain order in the recreation areas.

Mr. Strang had little formal training at his job, but he did have three summers' experience. He received an orientation briefing from the assistant resource manager and had some on-the-job training with another experienced "fee ranger." The "fee rangers" receive no instruction in law enforcement. No ranger is permitted to carry or use any weapon in the citation enforcement program. The "fee ranger" from whom Mr. Paul Strang received his on-the-job training, and at least three other rangers, kept firearms with them while on duty. Their...