American Humanist Ass'n v. Baxter County

143 F. Supp. 3d 816, 2015 U.S. Dist. LEXIS 153162, 2015 WL 7012851
CourtDistrict Court, W.D. Arkansas
DecidedNovember 12, 2015
DocketCASE NO. 3:14-CV-3126
StatusPublished
Cited by2 cases

This text of 143 F. Supp. 3d 816 (American Humanist Ass'n v. Baxter County) is published on Counsel Stack Legal Research, covering District Court, W.D. Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
American Humanist Ass'n v. Baxter County, 143 F. Supp. 3d 816, 2015 U.S. Dist. LEXIS 153162, 2015 WL 7012851 (W.D. Ark. 2015).

Opinion

MEMORANDUM OPINION AND ORDER

TIMOTHY L. BROOKS, UNITED STATES DISTRICT JUDGE

Currently before the Court are the Motion for Summary Judgment filed by Defendants Baxter County, Arkansas, and Baxter County Judge Mickey Pendergrass (Doc. 18), the Brief in Support of that Motion (Doc. 19), and the Statement of Undisputed Material Facts in support of that Motion (Doc. 20); and Plaintiffs American Humanist Association’s (“AHA”) and Dessa Blackthorn’s Response in opposition to that Motion (Doc. 21), Memorandum of Law in Support of their Response (Doc. 22), and Response to Defendants’ Statement of Undisputed Material Facts (Doc. 23). Also currently before the Court are Plaintiffs’ Motion for Summary Judgment (Doc. 15), Memorandum of Law in Support of their Motion (Doc. 16), and Statement of Material Facts as to Which There Is No Material Dispute (Doc. 17); Defendants’ Response in opposition to Plaintiffs’ Motion (Doc. 26) and Response to Plaintiffs’ Facts in Support of their Motion (Doc. 25); and Plaintiffs’ Reply in support of their Motion (Doc. 27). For the reasons given below, both summary judgment motions are GRANTED IN PART AND DENIED IN PART. Specifically, Plaintiffs are awarded summary judgment on their claims against Baxter County, Arkansas, and Judge Pendergrass in his official capacity, but Plaintiffs’ claims against Judge Mickey Pendergrass in his individual capacity are dismissed with prejudice.

I. BACKGROUND

For at least the past forty years, a nativity scene depicting the birth of Jesus Christ has been displayed on the Baxter County Courthouse lawn during the Christmas season. The creche is owned by a Baxter County attorney named Rick Spencer who is not a party to this action. This nativity display has long been accompanied by a Christmas tree, and in recent years it has acquired a few additional figures depicting Santa Claus and reindeer. Controversy began to swirl around the display in late 2013, when several requests were made of Judge Pendergrass to permit the display of a “Happy Solstice” banner next to the creche. Judge Pendergrass denied these requests, and in January 2014 he received a letter from the AHA contending that the display violated the Establishment Clause and asking him to remove it. In October 2014, the AHA sent Judge Pendergrass a second letter, threatening to file a lawsuit if a similar display were erected by the County during the looming holiday season.

One month later, Baxter County and the Mountain Home Chamber of Commerce entered into an agreement, under which the Chamber of Commerce would pay Baxter County $1.00 to lease the northwest corner of the Baxter County Courthouse property, for the explicitly stated purpose of erecting a nativity scene display. Judge Pendergrass signed the lease agreement on behalf of Baxter County, and the president of the Chamber of Commerce, Eddie Majeste, signed on behalf of the Chamber of Commerce. The creche was again erected on the same spot during the 2014 Christmas season, but this time with a novel twist. On December 2, 2014, the Baxter County Quorum Court unanimously passed “a resolution approving the display of a creche accompanied by a disclaimer to be placed on the courthouse property dur[820]*820ing the Christmas season.” The disclaimer was posted with the creche, and read:

During the Holiday Season, the County of Baxter salutes liberty. Let these festive lights and times remind us that we are keepers of the flame of liberty and our legacy of freedom. Whatever your religion or beliefs, enjoy the holidays. This display is owned and erected by private citizens of Baxter County.

True to the October 2014 letter, the AHA and Ms. Blackthorn initiated this lawsuit by filing their Complaint (Doc. 1) on December 23, 2014, alleging that by erecting the display, Baxter County and Judge Pendergrass have violated the Establishment Clause of the First Amendment to the United States Constitution and 42 U.S.C. § 1983. Plaintiffs seek declaratory and injunctive relief, along with nominal damages, costs, expenses, and attorneys’ fees. Defendants filed their Answer (Doc. 10) a month later, denying that they had violated any laws, denying that Plaintiffs were entitled to any relief, and asserting a variety of affirmative defenses. Several months of discovery ensued, and in early July 2015, both sides moved for summary judgment. Both summary judgment motions are now ripe for decision.

II. LEGAL STANDARD

“The court shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed. R. Civ. P. 56(a). When, as here, cross-motions for summary judgment are filed, each motion should be reviewed in its own right, with each side “entitled to the benefit of all inferences favorable to them which might reasonably be drawn from the record.” Wermager v. Cormorant Twp. Bd., 716 F.2d 1211, 1214 (8th Cir.1983); see also Canada v. Union Elec. Co., 135 F.3d 1211, 1212-13 (8th Cir.1997). The moving party bears the burden of proving the absence of any material factual disputes. Fed. R. Civ. P. 56(c); Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 586-87, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986); Nat’l Bank of Commerce of El Dorado, Ark. v. Dow Chem. Co., 165 F.3d 602 (8th Cir.1999). If the moving party meets this burden, then the non-moving party must “come forward with ‘specific facts showing that there is a genuine issue for trial.’ ” Matsushita, 475 U.S. at 587, 106 S.Ct. 1348 (quoting Fed. R. Civ. P. 56(c)). These specific facts must be “such that a reasonable jury could return a verdict for the nonmoving party.” Allison v. Flexway Trucking, Inc., 28 F.3d 64, 66 (8th Cir.1994) (quoting Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986)).

III. DISCUSSION

A. Standing

The first requirement in any federal case is that the plaintiff have what is called “standing” to bring the case. Tarsney v. O’Keefe, 225 F.3d 929, 934 (8th Cir.2000). Essentially, this means that the plaintiff must have “alleged such a personal stake in the outcome of the controversy” as to guarantee that the parties to the case are actually adverse to each other. See Baker v. Carr, 369 U.S. 186, 204, 82 S.Ct. 691, 7 L.Ed.2d 663 (1962). This requirement stems in part from Article Ill of the United States Constitution, which limits the jurisdiction of federal courts to specific types of “cases” and “controversies.” U.S. Const, art. Ill, § 2. A party invoking federal jurisdiction bears the burden of showing that it has standing to bring its claims. Schanou v. Lancaster Cty. Sch. Dist., 62 F.3d 1040, 1045 (8th Cir.1995). Here, that burden applies to Plaintiffs American Humanist Association and Dessa Blackthorn.

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Bluebook (online)
143 F. Supp. 3d 816, 2015 U.S. Dist. LEXIS 153162, 2015 WL 7012851, Counsel Stack Legal Research, https://law.counselstack.com/opinion/american-humanist-assn-v-baxter-county-arwd-2015.