Tompkins v. Cyr

Facts

P is a medical doctor who specializes in obstetrics and gynecology. P performed abortions. Ds are individuals and organizations who vehemently oppose abortion. D's campaign was to confront doctors who performed abortions and ask them to 'repent' for their 'sins.' Any doctor refusing to sign an agreement with D would be 'exposed' wherever he went until he agreed to stop performing abortions. In October 1992, Ds approached P in his driveway as he prepared to leave for work. P asked them to make an appointment to come to his office at Presbyterian Hospital. P met with Ds. D asked P to sign the agreement. D threatened to 'make P's practice go away' if he did not sign the pledge. P refused this ultimatum, and the meeting ended. D organized a demonstration at P's home. People were standing in the driveway, holding signs and chanting. The picketers would also 'mill around' and march up and down the street. The evidence showed that the protestors held at least eight full neighborhood marches. The first demonstration drew approximately ninety people. The numbers dwindled, but protestors still gathered every Saturday morning and Sunday afternoon for at least two hours. A small group of activists appeared at the house every morning when Ps left for work and every evening when they returned. There were demonstrations at Presbyterian Hospital and the Boy Scouts of America headquarters where Mrs. Tompkins worked. Several protests also were staged at Highland Park Methodist Church where Ps worshiped. From October 1992 until a preliminary injunction was issued in July 1993, protestors picketed at Ps' home, work, or church for at least two hours every day. Ds published Ps' address and telephone number in its newsletter and encouraged readers to contact them at least twice a week. Ps were deluged with literally hundreds of postcards and letters exhorting them to 'stop the killing.' Some of the postcards bore a picture of plaintiffs' home, including one showing the Tompkins standing outside their residence. Ds produced and distributed these cards. Several anonymous letters indirectly threatened Ps with physical harm. Ps received numerous phone calls at all hours of the day and night. Several anonymous callers made death threats. Ds trespassed on Ps' property during the pickets and at other times. They placed posters on the house and gate. Ps returned home to find dozens of small white crosses planted in their yard. Ds rushed at Mrs. Tompkins as she opened the garage door to take out the garbage and to get the mail. After going on unabated for 10 months, Ps testified that they lost all sense of privacy and security within their own home. They hired bodyguards to be with them 24 hours a day. P wore a bullet-proof vest when he was out in public and had his car equipped with a bomb detection device. P's medical practice also suffered. His caseload dwindled from 12 to 15 patients a day to only two or three. He delivered just one or two babies a week instead of five or six. In April 1994, he closed his medical practice and moved to Gainesville, Texas, a rural community located more than an hour from Dallas. Ps experienced mental anguish and emotional distress. Ps sued D for intentional infliction of emotional distress, tortious interference, invasion of privacy, civil conspiracy, and related torts. The state court issued a preliminary injunction limiting the frequency, duration, and nature of the picketing at their home and church. Ds removed the case to federal court after Ps amended their pleadings to allege a RICO claim. Ps were awarded a total of $2,248,000 for intentional infliction of emotional distress and $2,800,000 for invasion of privacy. Ten defendants were order to pay a total of $3,450,000 in exemplary damages. Ds now moved for judgment as matter of law, and Ps have moved for entry of judgment on the verdict. Ps also seek a permanent injunction to limit any future protests or demonstrations.

Issues

Rule of Law

Holding and Decision

Legal Analysis

© 2007-2024 ABN Study Partner.