Darrel Rundus v. City of Dallas Texas
634 F.3d 309
5th Cir.2011Background
- Rundus attempted to distribute Bible tracts at the Texas State Fair but was blocked by SFOT's Exhibitor Rule 9.
- SFOT operates the Fair on public property under the Fair Park Contract, a private corporation with city rent/marketing payments and limited city control.
- SFOT governs the grounds during the Fair; the City retains primary control outside the Fair period; SFOT enacts its own rules and collects booth rentals.
- Dallas police enforce neutral laws at the Fair, while SFOT relies on police to remove unwelcome individuals.
- Rundus sued under 42 U.S.C. § 1983 alleging First Amendment violations; the trial court held SFOT is not a state actor and ordered discovery-costs against Rundus.
- On appeal, the court addresses (i) whether SFOT’s conduct constitutes state action and (ii) the trial court’s cost-shifting ruling.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is SFOT a state actor for § 1983 purposes? | Rundus argues Brentwood-like entwinement makes SFOT a state actor. | SFOT contends it is not a state actor; no city control over internal decisions or enforcement. | SFOT is not a state actor. |
| Did the trial court abuse its discretion in awarding discovery copying costs? | Costs for discovery responses should not be shifted to Rundus. | Trial court properly awarded copying costs under Rule 54(d)(1) and 28 U.S.C. § 1920. | Costs were properly awarded; affirmation of the cost-shifting ruling. |
Key Cases Cited
- Brentwood Acad. v. Tenn. Secondary Sch. Athletic Ass'n., 531 U.S. 288 (2001) (state action despite private form where entwinement exists)
- Lugar v. Edmondson Oil Co., 457 U.S. 922 (1982) (color of state law analysis for attribution)
- Oppenheimer Fund, Inc. v. Sanders, 437 U.S. 340 (1978) (discovery-related costs not explicitly governed by Rule 54)
- Harrington v. Texaco, Inc., 339 F.2d 814 (5th Cir. 1964) (trial court may assess necessary and reasonable discovery costs)
- Fogleman v. ARAMCO, 920 F.2d 278 (5th Cir. 1991) (costs for copies may be recoverable if reasonably necessary for trial)
- Coats v. Penrod Drilling Corp., 5 F.3d 877 (5th Cir. 1993) (deference to district court on necessity of copies)
- Lansing v. City of Memphis, 202 F.3d 821 (6th Cir. 2000) (private festival not automatically state action despite city funding)
- Parks v. City of Columbus, 395 F.3d 643 (6th Cir. 2005) (state action where city aided private speaker's permit regime)
- Reinhart v. City of Brookings, 84 F.3d 1071 (8th Cir. 1996) (private festival on public property not automatically state action)
- Wickersham v. City of Columbia, 481 F.3d 591 (8th Cir. 2007) (state action where city plans and enforces speech restrictions)