Walker v. Couture

804 F. Supp. 1408, 1992 U.S. Dist. LEXIS 16959, 1992 WL 312614
CourtDistrict Court, D. Kansas
DecidedOctober 2, 1992
DocketCiv. A. No. 89-1450-T
StatusPublished

This text of 804 F. Supp. 1408 (Walker v. Couture) is published on Counsel Stack Legal Research, covering District Court, D. Kansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Walker v. Couture, 804 F. Supp. 1408, 1992 U.S. Dist. LEXIS 16959, 1992 WL 312614 (D. Kan. 1992).

Opinion

MEMORANDUM AND ORDER

THEIS, District Judge.

Plaintiffs brought this action against Don Couture alleging violation of civil [1409]*1409rights under 42 U.S.C. § 1981. Plaintiffs also bring a state law claim for libel. This matter was tried to the court on August 17 and 18, 1992. The court heard the testimony of a number of witnesses and had the opportunity to evaluate their demeanor and credibility. The parties have now' filed their post-trial briefs-. After considering the evidence presented and the arguments of the parties, the court now issues the following findings of fact and conclusions of law.

FINDINGS OF FACT

Plaintiff Clarence Walker is an African-American. Plaintiff Esther Walker is Caucasian. Clarence and Esther Walker are husband and wife. Plaintiffs Travis Walker and Bettina Walker Okoro are the nátu-ral children of Clarence and Esther Walker. Travis was fifteen and Bettina was seventeen at the time of the events giving rise to this lawsuit. Plaintiff Marthina Ravon Walker was living with Clarence and Esther Walker at the time of the relevant events. She has since been adopted by Clarence and Esther Walker. Marthina is African-American and was eleven years old at the relevant time.

Plaintiffs reside in El Dorado, Kansas. Plaintiffs, belong to a camping resort in Oklahoma known as the Pine Island Resort. Plaintiffs are also members of a nationwide camping organization known as Camp Coast to Coast. Membership in Camp Coast to Coast authorizes them to camp at other Camp Coast to Coast resorts for a nominal fee.

The plaintiffs made reservations to camp at the Crescent Lake camping facility near Abilene in Dickinson County, Kansas from May 24, 1989 through May 28, 1989. This was Memorial Day weekend.

The defendant Don Couture was the manager of the Crescent Lake facility at the relevant times-. Couture is Caucasian.

The plaintiffs invited two friends of Travis Walker’s along on' the camping trip. Ray Bennett and Wes Stewart are both Caucasian. They were both fifteen years old at the relevant time.

The plaintiffs reserved an RV campsite prior to their arrival at the campground. See Plaintiffs’ Exhs. 1-5; Defendant’s Exh. D. Plaintiffs arrived on May 24, 1989, stayed five nights, and left the campground on Memorial Day, May 29, 1989.

Since plaintiffs were members of Camp Coast to Coast, the charge for camping at Crescent Lake was one dollar ($1) per night.

Plaintiffs arrived at Crescent Lake on May 24,1989, in two vehicles, a camper and a van.

Since there were so many in their party, the plaintiffs inquired at the camp entrance about renting a small cabin (called a “hobo”) for the three teenage boys.

The guard on duty at the camp entrance agreed to rent a hobo to the Walker party. Clarence Walker paid the fee for the hobo ($25.32) and was given a receipt. Plaintiffs’ Exh. 6.

At about this time, the defendant Don Couture arrived at the guard shack at the camp entrance. Couture inquired as to whether there was a problem. When Couture was informed that the plaintiffs had rented a hobo, Couture ordered the guard to refund the Walkers’ money. Couture did not explain why, but merely told the guard that the Walkers could not have the hobo.

The plaintiffs camped at the RV campsite during the course of their stay. The three teenage boys slept in the van, while the rest of the family slept in the camper.

On May 30,1989, the day after the Walker party left Crescent Lake, the defendant wrote the following letter to Clarence Walker:

As a Coast to Coast camper from 5-24-89 through 5-28-89 at Crescent Lake, you are responsible for leaving a clean campsite at the end of your stay. Your campsite #78 was left in an appalling, manner, of which I am sure you are aware (ie. sewer drainage on campsite, broken sewer drop, used condoms thrown on campsite and trees, etc.). Accordingly, a charge of $50.00 is due for the clean-up and repairs needed of your [1410]*1410campsite. This charge is due upon receipt of this letter.
Because of numerous complaints throughout your stay at Crescent Lake (ie. children skateboarding in the pool, using ping pong table as a skateboard ramp in the rec hall, unauthorized use of boat on the lake by the children, unsupervised use of the hot tub by the children, mess in pool restroom, children roaming the park in the middle of the night — 2:00 am, watermelon rinds scattered on the campsite, etc.), and the manner in which you left your campsite, I have informed the Security Office to refuse admittance to our park in the futuré.

Plaintiffs’ Exh. 7. Copies of this letter were sent to Camp Coast to Coast and to the plaintiffs’ home resort, Pine Island.

Also on May 30, 1989, defendant wrote the following letter to Camp Coast to Coast:

Please find the enclosed letter to Coast to Coast member Mr. Clarence Walker, # 549164. Mr. Walker and his family stayed at our park from 5-24-89 through 5-28-89. We received a number of complaints concerning Mr. Walker and his family throughout their stay. An example of the complaints follow:
1. Children skateboarding in the pool (before it was filled).
2. Children were using the ping pong table in the rec hall as a skateboard ramp.
3. Unauthorized use of boat on the lake by the children — no oars or life vests were checked out.
4. Unsupervised use of the hot tub by children.
5. Mess made in the pool restroom during the night.
6. Children roaming the park in the middle of the night — approx. 2:00 a.m.
7. Use of foul language by the children.
8. Watermelon rinds scattered on the campsite.
9. Campsite was left in an appalling manner upon departure — sewer drainage on campsite, broken sewer drop, used condoms thrown on campsite and trees.
I spoke with Mr. Walker a number of times throughout his stay concerning these complaints, but the complaints kept coming in. Accordingly, I have suspended them from further use of our park as a Coast to Coast member. I would urge some kind of corrective measure on your part to ensure that this type of disregard for Coast to Coast policies does not take place at other campgrounds.

Plaintiffs’ Exh. 8. Copies of this letter were sent to Clarence Walker and to Pine Island Resort.

At trial, Ray Bennett denied that the boys skated in the empty swimming pool. Maintenance worker Larry Irvine testified, however, that he saw the three boys skating in the empty swimming pool. Security guard Mary Reaka observed three young men with skateboards in the pool area and overheard them swearing. Defendant testified that his personnel reported to him that the children were skateboarding in the pool. Defendant did not, however, observe this himself.

Marthina Walker saw the boys skateboarding on the concrete rec hall floor. Ray Bennett admitted that they were skateboarding in the rec room and that Travis Walker used a ping pong table as a skating ramp.

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Bluebook (online)
804 F. Supp. 1408, 1992 U.S. Dist. LEXIS 16959, 1992 WL 312614, Counsel Stack Legal Research, https://law.counselstack.com/opinion/walker-v-couture-ksd-1992.