Richardson v. United States

• Decision Date: 20 January 1964
• Docket Number: Civ. A. No. 4202.
• Citation: 226 F. Supp. 49
• Parties: Harold L. RICHARDSON v. The UNITED STATES of America.
• Court: U.S. District Court — Eastern District of Virginia

226 F. Supp. 49

Harold L. RICHARDSON v. The UNITED STATES of America.

Civ. A. No. 4202.

United States District Court E. D. Virginia, Norfolk Division.

January 20, 1964.

Harry T. Marshall, Cleveland, Ohio, Wolcott, Wolcott & Payne, Norfolk, Va., for plaintiff.

John W. Winston, Norfolk, Va., Seawell, McCoy, Winston & Dalton, W. T. Mason, Jr., Asst. U. S. Atty., for defendant.

BUTZNER, District Judge.

Harold L. Richardson, a non-commissioned officer of the United States Marine Corps, has brought this suit under the Federal Tort Claims Act, 28 U.S.C. § 1346(b) and § 2674, to recover damages for injuries received at the Staff Non-Commissioned Officers Club, Headquarters and Service Battalion, Fleet Marine Force, Atlantic.

Between 9:30 and 10:00 o'clock P.M., June 17, 1962 the plaintiff was in the Club standing near the bar. Another patron, Teddy W. Robertson, an enlisted man in the Navy on week-end liberty, became involved in a dispute with the bartender. Upon instructions from the manager of the Club the bartender took away Robinson's drink and directed him to pay up and leave the Club. Robertson refused. A brief scuffle between the bartender and Robertson took place. Other Club members separated them.

The plaintiff, a member and former president of the Club, spoke to Robertson and walked with him to the door, urging him to leave. Robertson continued using profane language but offered no resistance until they reached the porch steps just outside the Club. There, Robertson grabbed a post. The plaintiff tried to remove him, turned his head momentarily and then found himself at the foot of the steps with Robertson on top of him. Robertson either knocked or shoved the plaintiff down the steps. The plaintiff's arm was broken.

The N.C.O. Club was a non-appropriated fund activity of the United States Marine Corps and was located on government property. As stated in its constitution, it "* * * is organized for the purpose of furnishing refreshments and recreational facilities at reasonable prices and to promote and maintain the well-being, morale, and contentment of eligible members and their guests." The Commanding Officer of the Headquarters and Service Battalion was the honorary president. The Club was operated under the administrative control (and regulations) of the Commanding Officer and subject to Marine Corps regulations. The manager and bartender were marines. The Club was a federal agency. United States v. Holcombe, 277 F.2d 143 (4th Cir.1960).

The house rules require the officers of the Club to request any person guilty of obnoxious conduct to leave the premises. The rules further provided "In case of necessity, officers of the Club may call upon any member(s) present to assist in the enforcement of the aforementioned and it shall be the duty of such member(s) upon being summoned to render such assistance as is necessary to accomplish the foregoing."

At the time the plaintiff received his injuries he was on active service in the Corps. He was not on furlough. The incident occurred Sunday evening. The plaintiff had completed his tour of duty at noon the previous Saturday. He was on week-end liberty and was required to report for duty Monday morning.

The plaintiff was not requested by any officer of the Club to escort Robertson off the premises. He acted because he was a non-commissioned officer in the Marine Corps and he believed it was his duty to do so as a member and former officer of the Club.

All of the persons involved were members of the United States Armed Forces on active duty,...