McIntosh v. Arkansas Republican Party-Frank White Election Committee

766 F.2d 337
CourtCourt of Appeals for the Eighth Circuit
DecidedJune 25, 1985
DocketNo. 84-1499
StatusPublished
Cited by9 cases

This text of 766 F.2d 337 (McIntosh v. Arkansas Republican Party-Frank White Election Committee) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
McIntosh v. Arkansas Republican Party-Frank White Election Committee, 766 F.2d 337 (8th Cir. 1985).

Opinions

FAGG, Circuit Judge.

Robert McIntosh appeals the dismissal of his civil lawsuit. McIntosh brought this lawsuit under the federal civil rights laws, 42 U.S.C. §§ 1981, 1983, 1985(3), and 1986. The lawsuit also involves pendent state-law claims of false arrest and false imprisonment. We affirm in part, reverse in part, and remand with instructions.

[339]*339McIntosh, a black citizen of Little Rock, Arkansas, is a local political activist. On February 25, 1982, McIntosh purchased a ticket to the Frank White Appreciation Luncheon which was scheduled to take place the next day. Frank White was at that time the Governor of Arkansas and this luncheon was intended to raise funds for his re-election bid. Two private organizations, the Frank White Election Committee and the Arkansas Republican Party, sponsored the luncheon. Vice President George Bush was scheduled to be the luncheon’s guest speaker.

After purchasing his ticket, McIntosh sent a letter to Governor White’s office in which he unequivocally stated that he would speak at the luncheon. McIntosh’s letter specifically requested that Governor White confirm his demand and further requested that he be told whether he would be scheduled to make his remarks before or after the Vice President’s speech. When Curtis Finch, Jr., a private businessman and the individual in charge of the event, learned of this letter, he was understandably concerned, since McIntosh had not been invited to speak. His concern, however, stemmed not only from the fact that McIntosh intended to make an unsolicited speech but also from the fact that McIntosh was one of Governor White’s most active and vocal opponents and had previously sent a number of harassing articles to Governor White. Further, Finch had no reason to question McIntosh’s sincerity of purpose because McIntosh had, in the past, disrupted other events with unsolicited and often unwelcome speeches. Given these factors, Finch decided that McIntosh could not be allowed to disrupt and possibly ruin Governor White’s luncheon. As a result, Finch determined that rather than allow McIntosh to attend, he would refund McIntosh the full purchase price of his ticket.

The luncheon was scheduled to be held in a banquet hall located in the Little Rock Convention Center. The convention center is owned and operated by the City of Little Rock, and the banquet hall in question is regularly and nondiscriminately made available to private groups seeking to use the hall for their private gatherings. On the day of the luncheon, McIntosh was on hand at the convention center. Prior to entering the banquet hall, McIntosh was approached by Finch. Finch informed McIntosh that he would not be allowed to attend and offered McIntosh a full refund. McIntosh refused and insisted that he had the right to attend. Finch repeatedly told McIntosh that he could not enter the banquet hall and McIntosh repeatedly refused any refund. Further, McIntosh did nothing to disclaim his intent to intrude upon the program and make an unsolicited speech.

As the exchange between Finch and McIntosh became more heated, two Arkansas state troopers who were assigned to provide security for the luncheon, and who had been warned that McIntosh might attempt to disrupt the event, identified themselves, informed McIntosh that he would not be allowed to attend the luncheon, and requested that he leave. The officers further told McIntosh that if he insisted on entering the luncheon he would be arrested. In response to this statement, McIntosh replied, “Well, take me to jail.” The officers, taking McIntosh at his word, arrested McIntosh and took him to the North Little Rock jail where he was charged with disorderly conduct. After processing, which took approximately one hour and forty-five minutes, McIntosh was released on his own recognizance.

Several days later, McIntosh filed this lawsuit seeking compensatory and punitive damages totaling $2,000,000. McIntosh asserts a number of claims, but in general argues that defendants’ actions were racially motivated and were intended to deprive him of his first amendment right of free speech. At the conclusion of the trial, the district court found that the defendants’ actions were not racially motivated and that McIntosh had no constitutional right to speak at the private luncheon. The district court also found that the police had acted upon probable cause in arresting McIntosh. Consequently, the district court dismissed McIntosh’s lawsuit.

[340]*340We address only briefly McIntosh’s appeal of the dismissal of his section 1981, section 1985(3), and section 1986 claims. For a party to succeed on either a section 1981 claim or a section - 1985(3) claim, purposeful discrimination must be established. General Building Contractors Association v. Pennsylvania, 458 U.S. 375, 388-89, 102 S.Ct. 3141, 3148-49, 73 L.Ed.2d 835 (1982) (involving section 1981), and Griffin v. Breckenridge, 403 U.S. 88, 102, 91 S.Ct. 1790, 1798, 29 L.Ed.2d 338 (1971) (involving section 1985(3)). At trial, McIntosh presented no direct or circumstantial evidence to support his claim that defendants’ actions were motivated by race. Instead, he offered only his own conclusory statements that defendants were out to get him because he was black. Contrary to McIntosh’s assertions, the district court found that the defendants’ actions were not racially motivated. McIntosh v. White, 582 F.Supp. 1244, 1250 (E.D.Ark.1984). In fact, the evidence presented at trial demonstrated that the luncheon was attended by a racially mixed audience. Id. at 1247. Because McIntosh failed to make a showing of racial discrimination, his section 1981 and section 1985(3) claims were properly dismissed. Further, because recovery under section 1986 is dependent on the existence of a claim under section 1985, McIntosh’s section 1986 claim must also fail and was properly dismissed. Mollnow v. Carlton, 716 F.2d 627, 632 (9th Cir.1983).

We turn next to McIntosh’s section 1983 claims. In the district court, McIntosh’s section 1983 claims centered around three asserted constitutional deprivations. First, McIntosh asserted that defendants’ actions denied him of his first amendment right of free speech. Second, McIntosh argued that the defendants’ actions constituted false arrest and false imprisonment in violation of his fourth amendment right to be free from unreasonable searches and seizures. Third, McIntosh contended that defendants’ actions were racially motivated and as such violated his constitutional right to equal protection under the law.

To succeed on these claims McIntosh must make two separate and independent showings. First, McIntosh must demonstrate that he was “deprived of a right ‘secured by the Constitution and the laws’ of the United States.” Flagg Brothers, Inc. v. Brooks, 436 U.S. 149, 155, 98 S.Ct. 1729, 1733, 56 L.Ed.2d 185 (1978) (quoting 42 U.S.C.

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498 N.W.2d 677 (Supreme Court of Iowa, 1993)
Periera v. Chapman
92 B.R. 903 (C.D. California, 1988)
Mcintosh v. Arkansas Republican Party
816 F.2d 409 (Eighth Circuit, 1987)
Washington v. Simpson
806 F.2d 192 (Eighth Circuit, 1986)

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Bluebook (online)
766 F.2d 337, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcintosh-v-arkansas-republican-party-frank-white-election-committee-ca8-1985.