Kentucky Court Of Appeals Reverses Itself, Upholds Klan Verdict. Great!
KY court upholds $1.3 million verdict in Klan case
By BRETT BARROUQUERE
LOUISVILLE, Ky. (AP) -- A $1.3 million civil verdict against a former head of the Imperial Klans of America should stand because the trial court didn't make any significant errors in the case, the Kentucky Court of Appeals ruled Friday, reversing a decision it made nine months ago to throw out the judgment in the case of a Latino teen who was severely beaten in 2006 by two Klan members.
A jury in Brandenburg awarded Jordan Gruver a $2.5 million judgment against one-time grand wizard Ron Edwards, who was responsible for $1.3 million, and Klan member Jarred Hensley. Two other Klan members settled with Gruver out of court and he dropped the Imperial Klans of America as a defendant before trial. Only Edwards appealed the verdict.
Gruver had sued Edwards, with the backing of the Montgomery, Ala.-based Southern Poverty Law Center. The jury ruled in November 2008 that Edwards created an atmosphere of hate and violence within the group before the July 2006 beating at a Meade County fair in which Gruver suffered a broken jaw, permanent damage to his left arm and emotional trauma.
The appeals court in January tossed out the award, finding that Edwards had no duty of "reasonable care" toward Gruver because he had no direct control over the Klansmen who went to the fair.
Judge Glenn E. Acree wrote for the court on Friday that Edwards, in selecting four Klansmen to recruit at the fair, knew about their "violent tendencies" and knew the "proclivities generally" of the type of people attracted to his organization. Because of that, Edwards had a "duty to take reasonable care" when selecting recruiters to prevent "foreseeable acts from occurring."
"Edwards knew better than anyone that his organization was based on hatred of specific groups," Judge Glenn E. Acree wrote for the court. "... If Edwards could not foresee Gruver's assault, it was because he chose not to."
Judge Michael Caperton agreed with part of Acree's opinion, but dissented on the issue of whether Edwards was responsible for the four Klansmen's behavior. Caperton wrote that it is apparent the four men who assaulted Gruver had criminal backgrounds and that Edwards "taught hate of all but the Aryan race."
"Nevertheless, there is no evidence that Edwards told recruiters to assault anyone or that the assault of third persons was condoned by Edwards as an acceptable recruiting method," Caperton wrote.
Richard Cohen, president of the Southern Poverty Law Center, said the ruling should be seen as a warning to the Klan and other groups that leaders can't have others "do their bidding, then claim they aren't responsible for their actions."
"This opinion makes Kentucky a safer place," Cohen said. "This is a message of more than money."
Edwards, 51, is in federal prison in Beckley, W.Va., serving a four-year sentence on gun and drug charges unrelated to Gruver's assault and was unavailable for comment Friday. His attorney, Kyle Burden, has left the Louisville law firm listed in court records. Burden did not immediately return an email seeking comment. Emails sent Friday to an address on the website of the Dawson Springs-based Imperial Klans of America, once considered one of the largest Klan organizations in the country, were returned as undeliverable.
It is unlikely that Edwards has the assets to pay off the judgment, but efforts to collect it will continue, including garnering any wages paid to Edwards and placing liens or seizing any property he owns, Cohen said.
"Our collection efforts don't begin and end in one place," Cohen said.
By BRETT BARROUQUERE
LOUISVILLE, Ky. (AP) -- A $1.3 million civil verdict against a former head of the Imperial Klans of America should stand because the trial court didn't make any significant errors in the case, the Kentucky Court of Appeals ruled Friday, reversing a decision it made nine months ago to throw out the judgment in the case of a Latino teen who was severely beaten in 2006 by two Klan members.
A jury in Brandenburg awarded Jordan Gruver a $2.5 million judgment against one-time grand wizard Ron Edwards, who was responsible for $1.3 million, and Klan member Jarred Hensley. Two other Klan members settled with Gruver out of court and he dropped the Imperial Klans of America as a defendant before trial. Only Edwards appealed the verdict.
Gruver had sued Edwards, with the backing of the Montgomery, Ala.-based Southern Poverty Law Center. The jury ruled in November 2008 that Edwards created an atmosphere of hate and violence within the group before the July 2006 beating at a Meade County fair in which Gruver suffered a broken jaw, permanent damage to his left arm and emotional trauma.
The appeals court in January tossed out the award, finding that Edwards had no duty of "reasonable care" toward Gruver because he had no direct control over the Klansmen who went to the fair.
Judge Glenn E. Acree wrote for the court on Friday that Edwards, in selecting four Klansmen to recruit at the fair, knew about their "violent tendencies" and knew the "proclivities generally" of the type of people attracted to his organization. Because of that, Edwards had a "duty to take reasonable care" when selecting recruiters to prevent "foreseeable acts from occurring."
"Edwards knew better than anyone that his organization was based on hatred of specific groups," Judge Glenn E. Acree wrote for the court. "... If Edwards could not foresee Gruver's assault, it was because he chose not to."
Judge Michael Caperton agreed with part of Acree's opinion, but dissented on the issue of whether Edwards was responsible for the four Klansmen's behavior. Caperton wrote that it is apparent the four men who assaulted Gruver had criminal backgrounds and that Edwards "taught hate of all but the Aryan race."
"Nevertheless, there is no evidence that Edwards told recruiters to assault anyone or that the assault of third persons was condoned by Edwards as an acceptable recruiting method," Caperton wrote.
Richard Cohen, president of the Southern Poverty Law Center, said the ruling should be seen as a warning to the Klan and other groups that leaders can't have others "do their bidding, then claim they aren't responsible for their actions."
"This opinion makes Kentucky a safer place," Cohen said. "This is a message of more than money."
Edwards, 51, is in federal prison in Beckley, W.Va., serving a four-year sentence on gun and drug charges unrelated to Gruver's assault and was unavailable for comment Friday. His attorney, Kyle Burden, has left the Louisville law firm listed in court records. Burden did not immediately return an email seeking comment. Emails sent Friday to an address on the website of the Dawson Springs-based Imperial Klans of America, once considered one of the largest Klan organizations in the country, were returned as undeliverable.
It is unlikely that Edwards has the assets to pay off the judgment, but efforts to collect it will continue, including garnering any wages paid to Edwards and placing liens or seizing any property he owns, Cohen said.
"Our collection efforts don't begin and end in one place," Cohen said.
Labels: General information, Justice, Racism
posted by KYJurisDoctor at 3:07 PM
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