Brian Campbell, an 11-year old student in the Tempe, Arizona, is suing the local school district and manufacturers of a computer game, "Freedom!" The game, which was required classwork, calls for players to act out the lives of runaway slaves in pre-Civil War America.

BARRY L. BELLOVIN, ESQ.
SIEGEL, BELLOVIN & KARNAS
5151 East Broadway Boulevard
Suite 1680
Tucson, Arizona 85711
Tel: (520) 571-9700
Fax: (520) 571-8556
State Bar No. 009021
Attorney for Plaintiffs


UNITED STATES DISTRICT COURT

DISTRICT OF ARIZONA

SONJA CAMPBELL-VINSON and GEORGE A.  
VINSON, individually and as legal   
guardians of BRIAN CAMPBELL,
a minor;

Plaintiffs,

vs.

TEMPE ELEMENTARY SCHOOL DISTRICT,
a school district; MINNESOTA
EDUCATIONAL COMPUTING CORPORATION
(MECC), a Minnesota corporation

Defendants.

No. CIV 95-1724 PHX SMM

COMPLAINT

(Tort - Non-Motor Vehicle)
(42 U.S.C. Section 1983)
(Negligence)
(Intentional Infliction of Emotional Distress) 

____________________________________)

JURY TRIAL DEMANDED

JURISDICTION AND VENUE

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. 



DATED this __18th__ day of August, 1995. 


SIEGEL, BELLOVIN & KARNAS

________________________

Barry L. Bellovin, Esq.