## Facts

- Robert “Say” McIntosh, a Black political activist in Little Rock, bought a ticket to a private, ticketed “Frank White Appreciation Luncheon” at the Little Rock Convention Center, a fundraiser for Governor Frank White’s reelection campaign with Vice President George Bush as speaker.
- After purchasing the ticket, McIntosh sent a letter stating he intended to speak at the luncheon and requesting confirmation of when he would be allowed to make remarks.
- Curtis Finch, Jr., the event’s organizer and campaign chairman, became concerned because McIntosh was not invited to speak, was a vocal political opponent of White, had sent harassing materials to White, and had disrupted other events with unsolicited speeches.
- Before McIntosh entered the banquet hall, Finch told him he would not be admitted and offered a full refund; McIntosh refused and insisted he had a right to attend.
- Arkansas State Troopers assigned to security, aware of potential disruption, ordered McIntosh to leave and warned he would be arrested if he persisted in entering; McIntosh responded that they should “take him to jail.”
- Troopers arrested McIntosh for disorderly conduct; he was held in the North Little Rock jail for about two hours, until the luncheon ended.

## Issues

1. Whether the evidence supported claims of race-based discrimination or conspiracy under 42 U.S.C. §§ 1981, 1985(3), and a derivative claim under § 1986.
2. Whether excluding McIntosh from the private fundraiser and arresting him for refusing to leave violated the First Amendment or other constitutional rights actionable under 42 U.S.C. § 1983.
3. Whether the district court properly disposed of pendent Arkansas tort claims for false arrest and false imprisonment, including application of state standards and the proper treatment of pendent jurisdiction after dismissal of federal claims.

## Decision

- The Eighth Circuit affirmed dismissal of McIntosh’s federal claims under §§ 1981, 1983, 1985(3), and 1986.
- The court found no evidence that defendants acted from racial animus or participated in a race-based conspiracy.
- The court rejected the § 1983 First Amendment theory, treating the luncheon as a private, ticketed political fundraiser controlled by private sponsors rather than a public forum.
- The court reversed in part and remanded with instructions regarding the pendent state-law false arrest and false imprisonment claims to ensure they were handled under proper Arkansas standards and jurisdictional principles.

## Legal Principles

- Claims under § 1981 and § 1985(3) require proof of intentional, race-based discrimination (and for § 1985(3), a qualifying conspiracy); absent such proof, those claims fail.
- A § 1986 claim is contingent on a viable § 1985(3) claim; when the § 1985(3) claim fails, the § 1986 claim fails.
- A private, ticketed political fundraising event generally remains private for First Amendment/public forum purposes, even if prominent public officials attend and police provide security.
- Excluding a person from a private political event based on anticipated disruption and prior conduct, rather than race or viewpoint, does not alone establish a federal constitutional violation actionable under § 1983.
- Pendent state tort claims such as false arrest and false imprisonment require application of state law standards (including whether there was legal authority or probable cause) and may warrant remand or dismissal without prejudice depending on jurisdictional posture.

## Conclusion

The Eighth Circuit held that McIntosh did not show race-based discrimination, a civil-rights conspiracy, or a First Amendment violation arising from his exclusion and arrest at a private campaign fundraiser, but it required further proceedings to ensure the pendent Arkansas false-arrest and false-imprisonment claims were handled under the proper state-law and jurisdictional framework.


McIntosh v. Ark. Republican Party–Frank White Election Comm., 766 F.2d 337 (8th Cir. 1985)