Scott v. Ross

140 F.3d 1275, 98 Cal. Daily Op. Serv. 2590, 49 Fed. R. Serv. 222, 98 Daily Journal DAR 3567, 1998 U.S. App. LEXIS 6889, 1998 WL 159359
CourtCourt of Appeals for the Ninth Circuit
DecidedApril 8, 1998
DocketNo. 96-35050
StatusPublished
Cited by110 cases

This text of 140 F.3d 1275 (Scott v. Ross) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Scott v. Ross, 140 F.3d 1275, 98 Cal. Daily Op. Serv. 2590, 49 Fed. R. Serv. 222, 98 Daily Journal DAR 3567, 1998 U.S. App. LEXIS 6889, 1998 WL 159359 (9th Cir. 1998).

Opinions

Opinion by Judge BEEZER; Dissent by Judge SCHWARZER.

BEEZER, Circuit Judge:

Defendant-appellant Cult Awareness Network (“CAN”) appeals the jury’s verdict finding CAN liable for conspiracy and negligence. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.

I

In 1991, Kathy Tonkin and her six children joined the Life Tabernacle Church (“Life Tabernacle”), a branch of the United Pentecostal Church International. Tonkin remained a member for over a year before withdrawing. She urged her sons to withdraw from Life Tabernacle, but her three oldest sons, appellant Jason Scott (“Scott”), Thysen and Matthew, refused. At the time Scott was 18 years of age, Thysen, 16 and Matthew, 13.

Tonkin believed Life Tabernacle had a destructive effect on her sons and sought help in having them removed from the church’s influence. Tonkin contacted Shirley Landa after a referral from the Seattle Community Service hotline. Landa was involved in various “anti-cult” activities and worked as CAN’S Washington state “contact.” A “contact” is “an unpaid volunteer who is available in given areas to speak to members of the public on behalf of CAN.” CAN has described itself as “a national nonprofit organization founded to educate the public about the harmful effects of mind control as used by destructive cults.” CAN operates nationally through volunteer contacts and affiliates. CAN has only four paid staff members, a full-time Executive Director and three part-time staff.

Landa referred Tonkin to Rick Ross, whom Tonkin hired to “deprogram” her three sons. Although the record is somewhat unclear as to the specific nature or origin of Landa’s relationship with Ross, it is clear that Landa was aware Ross performed involuntary deprogrammings because she had seen Ross do so on the television program “48 Hours.” Ross was known to, and received referrals from, other CAN members as well.

Ross performed “successful” involuntary deprogrammings on Thysen and Matthew, who were minors and therefore within their mother’s control. Tonkin, Landa and Ross knew that to deprogram Scott would be more difficult legally because Scott was 18 years of age. Nonetheless, Ross, with the aid of defendants Simpson, Workman and Rotfroff, attempted to deprogram Scott. They abducted Scott and held him captive for five days, during which Ross “debated” Life Tabernacle’s teachings with Scott. Tonkin planned to send Scott to a deprogramming rehabilitation center in Ohio after Ross completed the deprogramming. After several days, Scott feigned acceptance of Ross’ positions, escaped and filed this suit.

Scott claimed Ross, Simpson, Workman, Rotfroff and CAN conspired to deprive him of his civil rights in violation of 42 U.S.C. § 1985(3). Scott also brought state law tort claims for negligence and outrage. Scott’s claim against CAN was based upon CAN’S vicarious liability for the acts of its alleged agent, Landa.,

Rotfroff settled with Scott before trial. After a six-day trial, a jury found the remain[1280]*1280ing defendants liable for civil rights violations and negligence and awarded Scott $875,000 in compensatory damages and $4 million in punitive damages. The jury allocated 10% of the negligence liability and $1 million in punitive damages against CAN. CAN appeals.

CAN raises a variety of arguments on appeal. CAN principally focuses on the issue of Landa’s agency: (i) CAN contends that the district court’s jury instructions failed to follow Washington’s agency law, and (ii) CAN argues that the evidence was insufficient to impose liability because the evidence demonstrated neither that Landa acted as CAN’s agent nor that Landa acted within the scope of any alleged authority. CAN claims that the imposition of liability based upon Landa’s acts violates CAN’s First Amendment rights. CAN contends that liability may not be imposed on it pursuant to 42 U.S.C. § 1985(3). CAN challenges the admission of the testimony of Scott’s expert, Dr. Anson Shupe. We reject each of CAN’s arguments.

II

CAN argues that the district court’s agency instruction did not accurately describe Washington state agency law. We review a district court’s formulation of civil jury instructions for an abuse of discretion. See Fikes v. Cleghorn, 47 F.3d 1011, 1013 (9th Cir.1995).

In Washington, a principal is liable for the negligent acts of its agent when the agent acts on behalf of the principal and within the scope of employment. See Roletto v. Department Stores Garage Co., 30 Wash.2d 439, 191 P.2d 875, 877 (1948) (a principal’s liability rests on a showing “that the relation of master and servant exists between the person at fault and the one sought to be charged for the result of a wrong; and the relation must exist at the time, and in respect to the particular transaction out of which the injury arises.”). If the agent is not acting on the principal’s behalf at the time of the act in question, then the principal is not liable for that act. Id. This rule applies to agents who are volunteers. See Abel v. Firs Bible and Missionary Conference, 57 Wash.2d 853, 360 P.2d 356, 358 (1961).

The district court’s agency jury instructions properly described these principles. CAN’s argument that the jury instructions did not allow the jury to conclude that Landa might be an agent of CAN for some purposes, but not for the purposes of Scott’s deprogramming, is not persuasive. The district court’s instructions, read as a whole, properly address CAN’s concern. The district court instructed:

The defendant Cult Awareness Network is sued as a principal. The plaintiff claims that Shirley Landa was acting as the Cult Awareness Network’s agent in making the referral of Rick Ross to Kathy Tonkin. CAN denies that Shirley Landa was acting as CAN’s agent and that Ms. Landa was at the time she made the referral acting within the scope of her authority.
If you find that Shirley Landa was the agent of CAN and was acting within the scope of authority, then any act or omission of Ms. Landa was the act or omission of CAN. If you find Ms. Landa was not acting within the scope of authority as CAN’s agent, then you must find for CAN.1

[1281]*1281The district court’s reference to CAN’s theory, coupled with the ensuing instruction requiring a showing that Landa “was acting within the scope of her authority,” accurately states Washington agency law. These instructions differ only slightly from CAN’s proposed instruction which reads: “[CAN] can be liable to Scott only if Shirley Landa was acting as its agent when she provided Scott’s mother with the name and telephone number of Rick Ross.”2 The district court properly instructed the jury.

Ill

CAN argues that the evidence was insufficient to impose liability on CAN because the evidence failed to demonstrate that Landa acted as CAN’s agent and that she acted within the scope of her authority. We review de novo a district court’s denial of a motion for judgment as a matter of law. McClamn v.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
140 F.3d 1275, 98 Cal. Daily Op. Serv. 2590, 49 Fed. R. Serv. 222, 98 Daily Journal DAR 3567, 1998 U.S. App. LEXIS 6889, 1998 WL 159359, Counsel Stack Legal Research, https://law.counselstack.com/opinion/scott-v-ross-ca9-1998.