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$9,000 Jury Award Against Missouri: Religious Halfway House
A Missouri federal district court upheld a jury's verdict and damage award, but reversed the award of punitive damages. The suit was filed by a probationer sentenced to the Agape House, a state sponsored halfway house in Sedalia, who alleged the operators forced their religious views on the residents. The operators, Dennis and Diane Thornton, were religious fundamentalists who forced the residents to attend their church on Sundays and attend Bible study every day. They also censored the residents' incoming and outgoing mail and regulated their television viewing and radio listening habits. Specifically, they were prohibited from listening to rock-and-roll or country music because the lyrics were filled with references to sex, drugs and alcohol; instead, they were only permitted to listen to gospel music. They could not watch programs such as MASH, The Love Boat, or WKRP in Cincinnati. Finally, the plaintiff alleged he was forced to have sex with Diane Thornton.
The jury found for the plaintiff on his four claims: (1) violation of his right to religious freedom; (2) violation of his right to receive and send mail; (3) violation of his right to uncensored access to media; and (4) violation of his right to bodily privacy. The Court found there was sufficient evidence to support the jury's findings of liability and damage claims. However, the Court held that the plaintiff failed to seek punitive damages. Allowing amendment of the complaint to seek punitive damages now would unduly prejudice the defendants, so amendment was denied. Nonetheless, the court affirmed an award against both defendants for the actual damages of $5,000 on claim one; $1,000 on claim two; $1,000 on claim three; and $2,000 on claim four against Diane Thornton only. See: Campbell v. Thornton, 644 F. Supp. 103 (W.D. Mo. 1986).
The jury found for the plaintiff on his four claims: (1) violation of his right to religious freedom; (2) violation of his right to receive and send mail; (3) violation of his right to uncensored access to media; and (4) violation of his right to bodily privacy. The Court found there was sufficient evidence to support the jury's findings of liability and damage claims. However, the Court held that the plaintiff failed to seek punitive damages. Allowing amendment of the complaint to seek punitive damages now would unduly prejudice the defendants, so amendment was denied. Nonetheless, the court affirmed an award against both defendants for the actual damages of $5,000 on claim one; $1,000 on claim two; $1,000 on claim three; and $2,000 on claim four against Diane Thornton only. See: Campbell v. Thornton, 644 F. Supp. 103 (W.D. Mo. 1986).
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Related legal case
Campbell v. Thornton
| Year | 1986 |
|---|---|
| Cite | 644 F. Supp. 103 (W.D. Mo. 1986). |
| Level | District Court |
| Conclusion | Jury Verdict |
| Attorney Fees | 0 |
| Damages | 9000 |
| Injunction Status | N/A |
644 F.Supp. 103
United States District Court, W.D. Missouri, Central Division.
Robert CAMPBELL, Plaintiff,
v.
Dennis THORNTON, d/b/a Agape House, and Diane Thornton, Dick D. Moore,
Individually and as Chairman of the Probation & Parole, State of Missouri,
David Blackwell, Individually and as Director of the Department of Correction &
Human Resources of Missouri, Defendants.
No. 84-4247-CV-C-5.
Aug. 4, 1986.
Former resident of state sponsored halfway house brought action against operators of the house to recover for alleged violations of his constitutional rights. Following verdict for former resident, former resident moved to amend pleadings to conform to the evidence, and defendants moved for J.N.O.V. as to punitive damages awarded or for new trial. The District Court, Scott O. Wright, Chief Judge, held that: (1) motion to amend pleadings to conform to evidence would prejudice defendants and would be denied; (2) punitive damages awarded would be set aside; and (3) evidence supported verdict for former resident as to liability and actual damages.
Ordered accordingly.
*104 Roger J. Schuber, Andrew C. Webb, Sedalia, Mo., for plaintiff.
David R. Smalley, Paul R. Shy, Kansas City, Mo., for Thorntons.
Paul J. Oldenburg, Jr., Brooks Pitchie, Office of Atty. Gen., Jefferson City, Mo., for Moore and Blackwell.
ORDER
SCOTT O. WRIGHT, Chief Judge.
Pending before the Court in this civil rights action are various post-trial motions. For the reasons set forth below, the Court will make the following rulings; (1) plaintiff's motion to amend the pleadings to conform to the evidence will be overruled; (2) defendants' motions for J.N.O.V. on the punitive damages issue will be sustained; and (3) in all other respects, defendants' motions for J.N.O.V. and alternative motions for a new trial will be overruled.
I. Background
Robert Campbell, the plaintiff herein, is a young man who hails from Sedalia, Missouri. His father, Dr. A.J. Campbell, is one of the leading physicians in Sedalia. Unfortunately, Robert Campbell is the black sheep in the Campbell family. He has a history of getting into trouble. In December of 1980, he was found guilty of stealing and was placed on probation. Soon thereafter, he broke his probation by driving while intoxicated. He spent thirty days in the Pettis County Jail and was next placed in an alcohol treatment program at the Valley Hope Hospital. As the final stage of his rehabilitation, Robert Campbell was placed in the Agape House, a state-sponsored halfway house in Sedalia.
Dennis and Diane Thornton, husband and wife, are the defendants herein. At all relevant times, the Thorntons ran the Agape House. At any given time, there were approximately ten young men sentenced to the Agape House.
According to the plaintiff's evidence, the Thorntons were religious fundamentalists who forced their religious views on the residents of the Agape House. [FN1] In addition, there was evidence that the Thorntons censored the residents' incoming and outgoing mail, and also regulated the television-viewing and radio-listening habits of the residents. [FN2] Finally, the plaintiff presented evidence to substantiate his claim that defendant Diane Thornton forced plaintiff to have sex with her by threatening to send him back to jail if he did not comply. [FN3]
FN1. Several former residents of the Agape House, including the plaintiff, testified that they were forced to attend the Thorntons' fundamentalist church every Sunday and were forced to attend Bible study every day. These witnesses testified that the Thorntons threatened to send them back to jail if they refused to attend church and Bible study. In addition, these witnesses testified that they were prevented from attending the churches of their choice. For example, James Kempf testified that he was not allowed to attend Catholic Church with the rest of his family because the Thorntons disliked Catholics. Similarly, the plaintiff testified that he was not permitted to attend church with his family but instead was forced to attend the church of the Thorntons' choice.
FN2. Several of the Agape House residents, including plaintiff, testified that the Thorntons would not allow them to listen to country-and-western or rock-and-roll music because the lyrics were filled with references to sex, drugs, and alcohol; instead, they were only permitted to listen to gospel music and other religious programming. Similarly, several witnesses testified that the Thorntons would not allow plaintiff and other Agape House residents to watch certain television shows, such as: MASH (because Corporal Klinger dressed in women's clothes); Solid Gold (because of the shows' sexually suggestive dancing); Love Boat (because of the bikini-clad women on the show); and WKRP in Cincinnati (because of Loni Anderson).
FN3. The plaintiff testified quite bluntly that he and Mrs. Thornton had enjoyed a sexual relationship for some time. At first, it was a mutually agreeable arrangement. After a while, however, plaintiff wanted to terminate the relationship. At that point, he testified, Diane Thornton used her official power and forced him to continue the liaison by threatening to send him back to jail if he did not comply.
Although no one could corroborate plaintiff's testimony concerning Diane Thornton's alleged threats to send him back to jail, three witnesses did confirm that plaintiff was involved in a sexual relationship with Diane Thornton. Plaintiff's first witness, Benny Hunter, testified that he had noticed an unusually close relationship between Diane Thornton and plaintiff. On one occasion, Mr. Hunter related, he was picked up from work by plaintiff and Mrs. Thornton, and noticed that the truck seemed unusually hot and sweaty and that there was a large wet spot on the front of the plaintiff's trousers. Along the same lines, James Kempf testified that he once had walked into plaintiff's room at the Agape House and had seen plaintiff and Diane Thornton engaged in sexual intercourse. Finally, Merlie Smith testified that she had seen Diane Thornton remove her blouse and flaunt herself before plaintiff in the kitchen of the Agape House.
*105 Based on this evidence, plaintiff submitted four claims to the jury: (1) violation of his right to religious freedom; (2) violation of his right to send and receive mail; (3) violation of his right of uncensored access to media; and (4) violation of his right to bodily privacy.
The Thorntons categorically denied each of plaintiff's claims. Specifically, the defendants denied forcing their religious views on residents of the Agape House, denied censoring their mail, and denied interfering with their radio-listening and television-viewing habits. Significantly, the defendants did not admit engaging in these activities but doing so for the purpose of rehabilitating the halfway house residents. Finally, defendant Diane Thornton categorically denied any sexual involvement with plaintiff, much less forcing plaintiff to continue in such a relationship.
United States District Court, W.D. Missouri, Central Division.
Robert CAMPBELL, Plaintiff,
v.
Dennis THORNTON, d/b/a Agape House, and Diane Thornton, Dick D. Moore,
Individually and as Chairman of the Probation & Parole, State of Missouri,
David Blackwell, Individually and as Director of the Department of Correction &
Human Resources of Missouri, Defendants.
No. 84-4247-CV-C-5.
Aug. 4, 1986.
Former resident of state sponsored halfway house brought action against operators of the house to recover for alleged violations of his constitutional rights. Following verdict for former resident, former resident moved to amend pleadings to conform to the evidence, and defendants moved for J.N.O.V. as to punitive damages awarded or for new trial. The District Court, Scott O. Wright, Chief Judge, held that: (1) motion to amend pleadings to conform to evidence would prejudice defendants and would be denied; (2) punitive damages awarded would be set aside; and (3) evidence supported verdict for former resident as to liability and actual damages.
Ordered accordingly.
*104 Roger J. Schuber, Andrew C. Webb, Sedalia, Mo., for plaintiff.
David R. Smalley, Paul R. Shy, Kansas City, Mo., for Thorntons.
Paul J. Oldenburg, Jr., Brooks Pitchie, Office of Atty. Gen., Jefferson City, Mo., for Moore and Blackwell.
ORDER
SCOTT O. WRIGHT, Chief Judge.
Pending before the Court in this civil rights action are various post-trial motions. For the reasons set forth below, the Court will make the following rulings; (1) plaintiff's motion to amend the pleadings to conform to the evidence will be overruled; (2) defendants' motions for J.N.O.V. on the punitive damages issue will be sustained; and (3) in all other respects, defendants' motions for J.N.O.V. and alternative motions for a new trial will be overruled.
I. Background
Robert Campbell, the plaintiff herein, is a young man who hails from Sedalia, Missouri. His father, Dr. A.J. Campbell, is one of the leading physicians in Sedalia. Unfortunately, Robert Campbell is the black sheep in the Campbell family. He has a history of getting into trouble. In December of 1980, he was found guilty of stealing and was placed on probation. Soon thereafter, he broke his probation by driving while intoxicated. He spent thirty days in the Pettis County Jail and was next placed in an alcohol treatment program at the Valley Hope Hospital. As the final stage of his rehabilitation, Robert Campbell was placed in the Agape House, a state-sponsored halfway house in Sedalia.
Dennis and Diane Thornton, husband and wife, are the defendants herein. At all relevant times, the Thorntons ran the Agape House. At any given time, there were approximately ten young men sentenced to the Agape House.
According to the plaintiff's evidence, the Thorntons were religious fundamentalists who forced their religious views on the residents of the Agape House. [FN1] In addition, there was evidence that the Thorntons censored the residents' incoming and outgoing mail, and also regulated the television-viewing and radio-listening habits of the residents. [FN2] Finally, the plaintiff presented evidence to substantiate his claim that defendant Diane Thornton forced plaintiff to have sex with her by threatening to send him back to jail if he did not comply. [FN3]
FN1. Several former residents of the Agape House, including the plaintiff, testified that they were forced to attend the Thorntons' fundamentalist church every Sunday and were forced to attend Bible study every day. These witnesses testified that the Thorntons threatened to send them back to jail if they refused to attend church and Bible study. In addition, these witnesses testified that they were prevented from attending the churches of their choice. For example, James Kempf testified that he was not allowed to attend Catholic Church with the rest of his family because the Thorntons disliked Catholics. Similarly, the plaintiff testified that he was not permitted to attend church with his family but instead was forced to attend the church of the Thorntons' choice.
FN2. Several of the Agape House residents, including plaintiff, testified that the Thorntons would not allow them to listen to country-and-western or rock-and-roll music because the lyrics were filled with references to sex, drugs, and alcohol; instead, they were only permitted to listen to gospel music and other religious programming. Similarly, several witnesses testified that the Thorntons would not allow plaintiff and other Agape House residents to watch certain television shows, such as: MASH (because Corporal Klinger dressed in women's clothes); Solid Gold (because of the shows' sexually suggestive dancing); Love Boat (because of the bikini-clad women on the show); and WKRP in Cincinnati (because of Loni Anderson).
FN3. The plaintiff testified quite bluntly that he and Mrs. Thornton had enjoyed a sexual relationship for some time. At first, it was a mutually agreeable arrangement. After a while, however, plaintiff wanted to terminate the relationship. At that point, he testified, Diane Thornton used her official power and forced him to continue the liaison by threatening to send him back to jail if he did not comply.
Although no one could corroborate plaintiff's testimony concerning Diane Thornton's alleged threats to send him back to jail, three witnesses did confirm that plaintiff was involved in a sexual relationship with Diane Thornton. Plaintiff's first witness, Benny Hunter, testified that he had noticed an unusually close relationship between Diane Thornton and plaintiff. On one occasion, Mr. Hunter related, he was picked up from work by plaintiff and Mrs. Thornton, and noticed that the truck seemed unusually hot and sweaty and that there was a large wet spot on the front of the plaintiff's trousers. Along the same lines, James Kempf testified that he once had walked into plaintiff's room at the Agape House and had seen plaintiff and Diane Thornton engaged in sexual intercourse. Finally, Merlie Smith testified that she had seen Diane Thornton remove her blouse and flaunt herself before plaintiff in the kitchen of the Agape House.
*105 Based on this evidence, plaintiff submitted four claims to the jury: (1) violation of his right to religious freedom; (2) violation of his right to send and receive mail; (3) violation of his right of uncensored access to media; and (4) violation of his right to bodily privacy.
The Thorntons categorically denied each of plaintiff's claims. Specifically, the defendants denied forcing their religious views on residents of the Agape House, denied censoring their mail, and denied interfering with their radio-listening and television-viewing habits. Significantly, the defendants did not admit engaging in these activities but doing so for the purpose of rehabilitating the halfway house residents. Finally, defendant Diane Thornton categorically denied any sexual involvement with plaintiff, much less forcing plaintiff to continue in such a relationship.