Risenhoover v. England
| Decision Date | 02 April 1996 |
| Docket Number | W-95-CA-056,W-94-CA-089,W-94-CA-082,Civil No. W-93-CA-138,W-95-CA-060,W-95-CA-027,W-95-CA-061,W-94-CA-196,and W-95-CA-065.,W-94-CA-157 |
| Citation | 936 F. Supp. 392 |
| Parties | John T. RISENHOOVER, Plaintiff, v. Mark ENGLAND; Cox Texas Publications, Inc.; Cox Enterprises, Inc.; KWTX Broadcasting Company, and Rural/Metro Corporation of New Mexico — Texas d/b/a American Medical Transport, Defendants. Leslie McKEEHAN, Individually and as Representative of the Estate of Todd W. McKeehan, Plaintiffs, Cynthia Williams, Individually and as Representative of the Estate of Robert J. Williams, Intervenors, Tony G. McKeehan and Patsy McKeehan, Intervenors, James T. Williams and Patricia Williams, Intervenors, v. Mark ENGLAND; Cox Texas Publications, Inc.; Cox Enterprises, Inc.; KWTX Broadcasting Company, and Rural/Metro Corporation of New Mexico — Texas d/b/a American Medical Transport, Defendants. Paige Robertson LeBLEU, Individually and as Natural Mother, Next Friend and Tutrix of Cameron Wayne LeBleu; Susan Carrico Kuntz, as Natural Mother, Next Friend and Tutrix of Scott Henry LeBleu; John Henry LeBleu, Sr., and Majory W. LeBleu, Plaintiffs, v. COX TEXAS PUBLICATIONS, INC., Cox Enterprises, Inc., KWTX Broadcasting Company and Rural/Metro Corporation of New Mexico — Texas, d/b/a American Medical Transport, Defendants. Robert RODRIGUEZ, Plaintiff, v. COX TEXAS PUBLICATIONS, INC.; Cox Enterprises, Inc.; KWTX Broadcasting Company; and Rural/Metro Corporation of New Mexico-Texas, d/b/a American Medical Transport, Defendants. Danny Jack CURTIS, Walter Glen Jordan, and Peter B. Mastin, Plaintiffs, Ward Clayton Alexander, III, et al., Intervenors, Constance Barron, et al., Intervenors, v. COX TEXAS PUBLICATIONS, INC.; Cox Enterprises, Inc.; KWTX Broadcasting Company; and Rural/Metro Corporation of New Mexico — Texas, d/b/a American Medical Transport, Defendants. Roland BALLESTEROS, Keith Constantino, Eric Evers, Mark Handley, Claire Rayburn, and Larry Shiver, Plaintiffs, v. COX TEXAS PUBLICATIONS, INC.; Cox Enterprises, Inc.; KWTX Broadcasting Company; and Rural/Metro Corporation of New Mexico — Texas, d/b/a American Medical Transport, Defendants. John Cecil WILLIS, and Evelyn Lorraine Willis, Individually and as Representatives of the Estate of Steven David Willis, Plaintiffs, v. COX TEXAS PUBLICATIONS, INC.; Cox Enterprises, Inc.; KWTX Broadcasting Company; and Rural/Metro Corporation of New Mexico — Texas, d/b/a American Medical Transport, Defendants. Phillip CHOJNACKI, Plaintiff, v. Mark ENGLAND; Cox Texas Publications, Inc.; Cox Enterprises, Inc.; KWTX Broadcasting Company, and Rural/Metro Corporation of New Mexico — Texas d/b/a American Medical Transport, Defendants. Charles SARABYN, Plaintiff, v. Mark ENGLAND; Cox Texas Publications, Inc.; Cox Enterprises, Inc.; KWTX Broadcasting Company, and Rural/Metro Corporation of New Mexico — Texas d/b/a American Medical Transport, Defendants. Davy AGUILERA, Plaintiff, v. COX TEXAS PUBLICATIONS, INC.; Cox Enterprises, Inc.; KWTX Broadcasting Company; and Rural/Metro Corporation of New Mexico — Texas, d/b/a American Medical Transport, Defendants. |
| Court | U.S. District Court — Western District of Texas |
COPYRIGHT MATERIAL OMITTED
James R. Dunnam, Damon L. Reed, Dunnam & Dunnam, LLP, Waco, Texas, for Risenhoover, Tony G. McKeehan, James T. Williams, LeBleu, Rodriguez, Willis.
Minor L. Helm, Jr., P.M. Johnston, Sleeper, Johnston & Helm, P.C., Waco, Texas, James A. Treanor, III, David E. Mills, Timothy J. O'Rourke, Jonathan D. Hart, Sean D. Hughto, Dow, Lohnes & Albertson, Washington, DC, for Mark England, Cox Texas Publications, Inc., Cox Enterprises, Inc.
Frederick D. Bostwick, III, Naman, Howell, Smith & Lee, Waco, Texas, for KWTX Broadcasting Company.
Noley R. Bice, Jr., Donald Keith Dorsett, Fulbright, Winniford, Bice & Davis, Waco, Texas, Marshall W. Anstandig, Mark I. Harrison, Bryan Cave, Phoenix, Arizona, for Rural/Metro Corporation of New Mexico-Texas d/b/a American Medical Transport.
John W. Stevenson, Jr., Robert E. Ammons, Houston, Texas, for Leslie McKeehan in Civil No. W-94-CA-082.
Robert E. Ammons, Houston, Texas, for Cynthia Williams in Civil No. W-94-CA-082.
Joe C. Tooley, Bradley M. Gordon, McCauley, Macdonald, Love & Devin, Dallas, Texas, for Danny Curtis, Walter Glen Jordan, Peter B. Mastin.
Broadus Autry Spivey, Richard Alan Grigg, Spivey, Grigg, Kelly & Knisely, P.C., Austin, Texas, for Roland Ballesteros, Keith Constantino, Eric Evers, Mark Handley, Claire Rayburn and Larry Shiver.
Michael E. St. John, Stevenson, Parker & St. John, Houston, Texas, for Phillip J. Chojnacki and Charles Sarabyn.
Marshall W. Anstandig, Mark I. Harrison, Bryan Cave, Phoenix, Arizona, P.M. Johnston, Minor Helm, Sleeper, Johnston & Helm, P.C., Waco, Texas, James A. Treanor, III, David E. Mills, Timothy J. O'Rourke, Jonathan D. Hart, Sean D. Hughto, Dow, Howell, Smith & Lee, Waco, Texas, Frederick D. Bostwick, III, Naman, Howell, Smith & Lee, Waco, Texas, Noley R. Bice, Donald Keith Dorsett, Fulbright, Winniford, Bice & Davis, Waco, Texas, for Rural/Metro Corporation of New Mexico-Texas, d/b/a American Medical Transport in Civil No. W-95-CA-065.
In this wrongful death action, Plaintiffs assert causes of action based upon negligence, breach of contract, intentional infliction of emotional distress, interference with and/or obstruction of a law enforcement officer in the performance of his official duties, and conspiracy. All Defendants move for summary judgment based upon two major issues: (1) Defendants' actions were neither a proximate cause nor a cause in fact of any of the injuries suffered by Plaintiffs; and (2) the actions of the media Defendants are protected by the First Amendment, which immunizes them from a suit for damages. The newspaper Defendants additionally move for summary judgment as to Plaintiffs' other claims.1 Having reviewed the parties' briefs, motions and summary judgment proof, the Court is persuaded the Motions for Summary Judgment filed by Defendants KWTX Broadcast Company and Rural/Metro Corporation of New Mexico — Texas, d/b/a American Medical Transport should be denied, the Motion for Summary Judgment filed by Defendant Cox Enterprises, Inc. and Cox Texas Publications, Inc. should be partially granted, and the Motion for Summary Judgment filed by Defendant Mark England should be granted.
This action arises out of the tragic events that occurred at the Mount Carmel religious center, located outside of Waco, Texas. Plaintiffs are agents of the Bureau of Alcohol, Tobacco and Firearms ("ATF") (or their surviving family members) who were injured during the attempted execution of search and arrest warrants at Mount Carmel on the morning of February 28, 1993. Defendants are the media organizations which covered the event and were already at the scene when the ATF agents arrived, and an ambulance service that ATF had contacted to be on stand-by in case of injuries on the morning of the raid. The Plaintiffs assert that each of the Defendants, either directly or indirectly, caused their injuries by alerting the inhabitants of Mount Carmel of the impending raid. The majority of the underlying facts are not in dispute:
In the 1930's, a splinter group of the Seventh Day Adventist Church, known as the Branch Davidians, re-located to Waco from California under the guidance of a self-styled prophet named Victor Houteff. Houteff's wife Florence assumed the leadership of the sect after his death, and prophesied that the end of the world, as foretold in the Bible's Book of Revelations, would commence on April 22, 1959. Her prediction was unfulfilled, and many members abandoned the group. A small group of followers remained in Waco under the leadership of Benjamin Roden, who was succeeded by his wife, Lois. The group eventually moved out of the Waco city limits, and established a commune-type community, known as Mount Carmel, near the small community of Elk.2
A young man named David Koresh ("Koresh"), then known as Vernon Howell, joined the group in 1984, and soon became embroiled in a struggle for leadership with Lois Roden's son, George ("Roden"). It was during this period that the 24-year-old Koresh married his legally acknowledged wife, a 14-year-old girl by the name of Rachel Jones, who was the daughter of Perry Jones, a prominent member of the sect. In 1985, Koresh and his followers were ejected from Mount Carmel at gunpoint. Koresh led them to the Angelina National Forest near Palestine, Texas, where they lived in plywood boxes, tents and converted school buses. During this period, Koresh declared himself a religious leader and prophet, preaching his allegedly divinely revealed interpretation of the Seven Seals in the Bible's Book of Revelations, which foretell the end of the world.
While Koresh's religious teaching did not focus on the "Golden Rule," it did focus on para-military training. Koresh armed his followers and led them on a raid of the Mount Carmel complex in 1987. Roden was injured during the resulting shoot-out, and Koresh and his followers were arrested and tried for attempted murder. All of Koresh's followers were acquitted, while the jury was unable to reach a verdict as to the charges against Koresh.
Subsequent to the trial in 1989, Roden was arrested in Odessa, Texas for murder in an unrelated case. He was tried and found not guilty by reason of insanity, and was committed to a state mental hospital. Koresh was then free to set himself up as undisputed leader of the Davidians at Mount Carmel. In 1990, he changed his name legally to David Koresh after another revelation from God. He also began recruiting new members in other American cities, as well as in Australia and Great Britain. The ramshackle...
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... ... ("The First Amendment does not sanction the infliction of physical injury merely because achieved by word, rather than act."); see also Risenhoover v. England, 936 F.Supp. 392, 405 ... Page 844 ... (W.D.Tex.1996) ("Practically every tort claim involves some form of communication. A plaintiff ... ...
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Andrade v. Chojnacki
...and an ambulance service, asserting that the defendants had caused their injuries by alerting Davidians of the impending raid (Risenhoover). The fourth is the instant suit, a set of civil actions brought by surviving Davidians and estates of the deceased against the federal government and v......
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The right to freedom of expressive association and the press.
...accompanying text. (188.) See supra notes 141-49 and accompanying text. (189.) A district court's decision in Risenhoover v. England, 936 F. Supp. 392 (W.D. Tex. 1996), dealt with a similar situation. In Risenhoover, a cameraman from a television station was on his way to cover the Bureau o......