Simpson v. Burrows
| Citation | 90 F.Supp.2d 1108 |
| Decision Date | 22 February 2000 |
| Docket Number | No. CV-97-6310-HU.,CV-97-6310-HU. |
| Court | U.S. District Court — District of Oregon |
| Parties | V. Jo Anne SIMPSON, Plaintiff, v. Howard J. "Bud" BURROWS, Jean C. Burrows, Concerned Citizens of Christmas Valley, an unincorporated association, and John Does 1 through 25, Defendants. |
Claude Ingram, Eugene, OR, for Plaintiff.
Howard Burrows, Jean Burrows, Christmas Valley, OR, Defendants Pro se.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
In this tort action by plaintiff V. Jo Anne Simpson against defendants Howard and Jean Burrows, husband and wife,1 plaintiff brings claims of intimidation, intentional infliction of emotional distress, invasion of privacy, and libel.2 Plaintiff's claims are based on her allegations that defendants authored and distributed a series of letters addressed to various persons in Christmas Valley, Oregon. The letters, described more particularly below, were hostile to plaintiff, a lesbian, and expressed extreme animosity toward plaintiff's sexual orientation.
Both parties consented to the conduct of trial and entry of judgment by a Magistrate Judge. 28 U.S.C. § 636(c)(1). Both parties waived a jury trial. I conducted a court trial on January 19 and 20, 2000. These are my findings of fact and conclusions of law. Fed.R.Civ.P. 52(a).
The Christmas Valley Lodge and Restaurant ("the Lodge") is located in Christmas Valley, Oregon, about one hundred miles southeast of Bend, Oregon. It is a primarily rural area with approximately 200-300 residents in the valley and approximately fifty residents in the town. The Lodge is located in town. It has a restaurant suitable for family dining and a bar.
In 1996, plaintiff and her partner, June Swanson, purchased the Lodge from the Christmas Valley Park and Recreation District. Plaintiff and Swanson formed a limited partnership to purchase the Lodge with plaintiff the general partner and Swanson the limited partner. Before purchasing the Lodge, plaintiff had served in the Army for twenty years, had gone to cooking school, and had worked as a corrections officer for the State of Washington and for Clackamas County, Oregon. She had also successfully managed the American Legion Post 45 in LaPine, Oregon. The parties stipulated that plaintiff and Swanson took possession of the Lodge on April 15, 1996.
Plaintiff and Swanson renovated the Lodge in 1996 after taking possession, coordinating the renovations to keep business interruptions to a minimum. Renovations included painting, new carpet, and new blinds. Witness Wanda Lanier noted that the renovations covered many areas and improved the condition of the Lodge. One witness noted that the renovations affected the character of the dining room portion of the Lodge. According to Carl Shumway, with the addition of Keno in the dining room and with a greater emphasis placed on the bar portion of the business, the Lodge had more of a casino atmosphere after the renovations.
Plaintiff testified that when she and Swanson first took possession of the Lodge, business was good. She held a grand opening party and also hosted wedding and anniversary parties. She described Sundays as the best day because many people would eat lunch at the Lodge after church. Although she did not expect to realize a profit the first year, she did. In 1996, she and Swanson each received $1,000 per month in salary/draws and, after expenses and these monthly draws, they made $32,000 in profit at the end of the year.
At trial, twelve letters were received into evidence. They were circulated between May 1996, two weeks after plaintiff took possession of the Lodge, and June 1997. Because it is too cumbersome to repeat each letter verbatim in the body of this Opinion, they are attached here as Appendix A. In some cases, reference to only parts of such exhibits in an Opinion might suffice. In this case, however, the flavor and tenor of the contents of the letters is critical to understanding the evidence and the mental state of their creator. It is only by reading all of them in their entirety that the expressed antipathy and venom toward plaintiff and Swanson can be fully appreciated.
Some selected passages illustrate the nature of the letters. One of the first letters refers to the "two Lesbians" as an "immoral abomination" and suggests that the sale of the Lodge to them will make Christmas Valley "a mecca for Queers, Lesbians, Perverts & other degenerates[.]" Ex. 1. It also states that "we should all be against" the women and that the "good fight should start now." Id. It labels the women as "the enemy." Id.
Another letter states that the sale of the Lodge to "two Lesbians" "brings an immoral & unfavorable element into our community[,]" and indicates that the sale to "perverts" is the start of a "revolting development[.]" Ex. 2. A third letter, printed in heavy marking pen, states "NO FAGS IN C.V." immediately above a swastika. Ex. 3. Another letter implores the residents of Christmas Valley to "[b]oycott the evil which invades your community[.]" Ex. 4. A letter received approximately June 1, 1996, refers to plaintiff and Swanson as "outlaws" and "perverts." Ex. 6.
In June 1996, the letters turn more invective. For example, one letter entitled "THE LESBIAN SPIRIT IS ON THE PROWL IN CHRISTMAS VALLEY" starts with the following passage:
Be forwarned [sic], my people, the Lesbian spirit is a malignant, putrefied, demonic force that will infect you and yours together with all your community if left to stand amoung [sic] you. It will prowl amoung [sic] you to see who it can infect, devour, pervert or kill.
Ex. 8. According to the author, a lesbian is a "whore sitting on a scarlet colored beast full of blasphemy." Id. The letter further states that "[t]he time has come to stand up for righteousness and morality[ ]" and implies that the lesbian spirit will devour the life of the community if the people "do nothing." Id.
The next week, the letters begin to suggest violence. For example, in a letter received July 5, 1996, the following text appears:
Is the death penalty at work in this country today? You better believe it is and it will be enacted by the people of this country who are sovereign on those who corrupt this country and who are the enemies of this country.
The Bible Says, (Note the modern day equivilant [sic] of a rod of iron in today[']s world is a high powered rifle.)[.]
The wicked shall flee from the iron weapon and the Bow of Steel (rifle) shall strike him thru [sic]. Job 20:24[.]
In November 1996, after Swanson had left Christmas Valley, a letter of just thirteen words was sent to the Lodge. It states:
JUNE LEFT
NOW IT[']S YOUR TURN TO GO
HEAD FIRST OR FEET FIRST
Finally, in a letter the next year, and addressed to Christmas Valley resident John Widenoja, the author states, referring to plaintiff and "friends at the Christmas Valley Lodge," that "[t]hey are going down, one way or another." Ex. 12. The letter informs Widenoja that because he supported plaintiff, he has "made a target of [him]self and [he is] going down too." Id. It further states that "[y]ou are on the list of people that are targeted." Id. It warns Widenoja that he "will never know what hit [him]." Id.
The letters were sent to various persons or entities in Christmas Valley, including the Christmas Valley Domestic Water District, Exs. 1, 6, 10; Skip Curtis and Linda Renk, members of the Christmas Valley Park and Recreation Board, Exs. 2, 9; Ruth's Variety, Ex. 4; the Lodge, Exs. 5, 11, 13; Christmas Valley Water Supply, Ex. 8; and Widenoja, Ex. 12. According to witness Bill Remy, at least one letter was also sent to the Christmas Valley library. Additionally, State Police Officer Richard Watson, who conducted a criminal investigation into the letters, obtained copies of approximately twenty to thirty letters from community residents including some from Eric Lloyd, the pastor of the Christmas Valley Community Church.
According to the testimony, people knew about the letters even without seeing them. For example, witness Wanda Lanier testified that the bar at the Lodge would get busy after a new letter was circulated because people would gather there to discuss it. She also noted that she had heard about the letters and, as a local business owner, had received one in the mail. She did not read it because it was not signed. Witness Robin Morehouse testified that she heard about the letters even though she never saw one. Witness Laurie Adams testified that she heard about the letters from her pastor. Trooper Watson stated that most people in Christmas Valley either had copies of the letters, had seen them, or had heard about them from others who had received them. Based on the evidence, I find that knowledge of the letters' existence, and their contents, was widespread in the community, extending even to those who had not personally seen or read them.
In early June 1997, Trooper Watson began an investigation into the letters. He spoke to plaintiff who explained that the letters had begun in May 1996 and had included what plaintiff perceived to be threats to her life. Trooper Watson interviewed other community residents and, as noted above, obtained copies of approximately twenty or thirty similar letters.
During the investigation, Pastor Lloyd identified Mr. Burrows as one of two residents who might write letters with biblical references. When questioned further, Pastor Lloyd told Trooper Watson that Mr. Burrows was the person more capable of committing such an act. While Pastor Lloyd's identification in and of itself proves little or nothing, it explains how Mr. Burrows became the focus of the...
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