1. Plaintiff BRIAN CAMPBELL was at all times material hereto a resident of Tempe, Arizona. Plaintiff SONJA VINSON-CAMPBELL is Brian Campbell's natural mother and his legal guardian; Plaintiff GEORGE A. VINSON is Brian Campbell's step-father and legal guardian. Defendant TEMPE ELEMENTARY SCHOOL DISTRICT is a school district in the State of Arizona, charged with educating the youth of the state. At all times material hereto Plaintiff BRIAN CAMPBELL was a student at the Wood School, an elementary school within the control of Defendant TEMPE ELEMENTARY SCHOOL DISTRICT. Defendant MINNESOTA EDUCATIONAL COMPUTING CORPORATION (MECC) (hereinafter referred to as "MECC") was at all times material hereto a Minnesota corporation. Defendant MECC produced and distributed the computer game at issue to Defendant TEMPE ELEMENTARY SCHOOL DISTRICT. This Court has jurisdiction under 28 U.S.C. Section 1331 and 42 U.S.C. Sections 1981, 1983, and 1988. Plaintiff invokes the pendent jurisdiction of this Court to hear the claims based on State law.
2. Venue is proper in this Court pursuant to 28 U.S.C. Section 1391.
COUNT ONE
(42 U.S.C. Section 1983)
3. On September 14, 1994 Brian Campbell was a student at the Wood School, an elementary school in the Defendant TEMPE ELEMENTARY SCHOOL DISTRICT school system. Brian Campbell was compelled by Arizona law to attend school on the date in question.
4. On that day, Brian Campbell was using one of the computers provided by the school with his classmates. The computer had been previously loaded by representatives of the School District with various software programs for the use of the school children. On of these software programs was a computer game called "Freedom."
5. The game Freedom purports to place the student in the shoes of an escaped African-American slave in pre-Civil War America. The object of this game is for the student to attempt to escape from the South, to the North via a route not unlike the Underground Railroad used by slaves during that era. The game consists of both text and graphics.
6. The player is told that he is illiterate as he begins the game. The player is then forced to make a variety of choices while being pursued by the authorities. If the slave is caught, he is returned to the deep south where he is once again enslaved.
7. The slave is refereed to in derogatory terms throughout the game, (i.e. "boy"), and is told that he will be beaten upon return to the South.
8. Plaintiff BRIAN CAMPBELL was subjected to the humiliation of playing this game in front of his peers and classmates.
9. Other individuals had complained to school officials about the nature of this "game" on at least one prior occasion, but this complaint was ignored. It was the policy of the school district to leave this "game" in the computer system despite the complaints of parents.
10. School officials, acting under color of law, made the decision to install this game on the school computers, and to leave the game there, even after receiving at least one complaint about the game.
11. These actions by the school officials constitute a violation of the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution as well as the civil rights of Plaintiff BRIAN CAMPBELL as guaranteed by 42 U.S.C. Section 1983 et seq.
WHEREFORE, Plaintiff prays for judgment against the Defendants, and each of them, as follows:
1. For special damages in an amount to be determined herein;
2. For general damages in a just and reasonable amount;
3. For Plaintiff's cost of suit incurred herein;
4. For Plaintiff's attorney's fees pursuant to 42 U.S.C. Section 1988.
5. For prejudgment interest on all liquidated sums; and
6. For such other and further relief as the Court deems just and proper.
COUNT TWO
(Negligence)
12. Plaintiffs hereby re-allege all factual allegations contained in Count One with the same force and effect as if set forth fully herein.
13. Defendant TEMPE ELEMENTARY SCHOOL DISTRICT knew or should have known that allowing the computer game "Freedom" to remain in the school's computer system, and to be used by students at the school, was likely to result in severe emotional distress to those students of African- American descent. Despite this knowledge, officials of the school district failed to remove the game from the system, or to provide adequate supervision so that the game would not be offensive to members of the Plaintiffs' race. Defendant had a duty to protect Plaintiffs from this racially discriminatory computer game. Defendant breached that duty by failing to remove the game or properly supervise its use.
14. Defendant MECC was negligent in designing the game "Freedom" and in distributing that game to schools throughout the country without adequate instruction to school officials regarding proper supervision of students while the game is played.
15. As a proximate result of Defendants' negligence, Plaintiffs have sustained bodily injuries and permanent damages, including severe emotional distress; that Plaintiffs by reason of said injuries, have suffered and will, in the future, suffer great pain and anxiety; that Plaintiffs have, and will incur in the future, medical and related expenses as a result of said injuries, as well as other miscellaneous expenses.
WHEREFORE, Plaintiffs pray for judgment against the Defendant as follows:
1. For special damages in an amount to be determined herein;
2. For general damages in a just and reasonable amount;
3. For Plaintiffs' cost of suit incurred herein;
4. For prejudgment interest on all liquidated damages; and
5. For such other and further relief as the Court deems just and proper.
COUNT THREE
(INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS)
16. Plaintiffs hereby re-allege all factual allegations contained in Counts One and Two with the same force and effect as if set forth fully herein.
17. Defendant MECC designed, produced and distributed the computer game "Freedom" knowing that students of African-American descent would be exposed to the game. Defendant MECC knew of the offensive nature of the game, but failed to provide proper guidance to the schools regarding use of the game. Defendant MECC's conduct in distributing this game with the discriminatory graphics and language was extreme and outrageous. Defendant MECC recklessly disregarded how this game would affect students of African-American descent. Defendant's actions have caused Plaintiffs to suffer severe emotional distress.
18. As a proximate result of Defendants' conduct, Plaintiffs have sustained bodily injuries and permanent damages, including severe emotional distress; that Plaintiffs by reason of said injuries, have suffered and will, in the future, suffer great pain and anxiety; that Plaintiffs have, and will incur in the future, medical and related expenses as a result of said injuries, as well as other miscellaneous expenses.
WHEREFORE, Plaintiffs pray for judgment against the Defendant as follows:
1. For special damages in an amount to be determined herein;
2. For general damages in a just and
reasonable amount;
3. For Plaintiffs' cost of suit incurred herein;
4. For prejudgment interest on all liquidated damages; and
5. For such other and further relief as the Court deems just and proper.
