FOSTER v. SPARTANBURG HOSP. SYSTEM
3/21/1994
The record reveals as follows. Ms. Riser was admitted to the post-coronary care unit of the Hospital on May 12, 1989. Approximately 5-1/2 hours after her arrival, Riser died from a heart attack. Foster, Riser's daughter, brought this action against the Hospital alleging medical negligence for allowing Riser to be detached from the cardiac monitor and to be unattended by the nursing staff. Foster appeals the denial of her new trial motion arguing her constitutional rights were violated by the Hospital's exercise of peremptory strikes to exclude black jurors. We agree.
DISCUSSION
I. UNCONSTITUTIONAL USE OF PEREMPTORY CHALLENGES
The Fourteenth Amendment to the United States Constitution prohibits the exercise of peremptory challenges on racial grounds. Batson v. Kentucky, 476 U.S. 79,
In order to rebut a prima facie case of the unconstitutional use of peremptory challenges to exclude members of a cognizable racial group, the explanation offered must be race neutral and not just a pretext for excluding members of a cognizable racial group from the jury. State v. Tomlin, 299 S.C. 294, 296, 384 S.E.2d 707, 709 (1989).
On appeal, Foster contends the Hospital has not met its burden of establishing race neutral reasons for the exclusions. We agree. Of a jury panel of twenty (20) potential jurors, where three were black males and two black females, the Hospital used its four strikes to strike four of the five black jurors from the jury panel. A cursory review of the Hospital's use of its strikes establishes a prima facie case that the Hospital has exercised its peremptory challenges to remove persons from the jury panel who are members of the same cognizable racial group as Foster. The burden then shifts to the Hospital to present racially neutral explanations for the strikes. Edmonson and Chavous, supra. Thus, the focus turns to the Hospital's explanation for the strikes.
Counsel for the Hospital explains the decision to strike Jerry Nash, a 35 year old black male, was based on answers in his juror questionnaire that he was a member of the Democratic party, as well as his affirmative statement that he was a "loyal American citizen, [who has] never been in any trouble with the law." Counsel for the Hospital asserts that a Democrat is more inclined than a Republican or some other party affiliate to favor "the little person." Such a sweeping generalization about members of an entire political party is not a reasonable, race neutral explanation, but is mere speculation. See State v. Grandy, 306 S.C. 224, 411 S.E.2d 207 (1991) (explanation must rest on a reasonable basis and not the solicitor's bare assertion or mere speculation).
Additionally, the Hospital defends the decision to strike Nash based on his declaration that he was a loyal American citizen who has never been in trouble with the law. The Hospital asserts a person who would make such a declaration "would be more inclined to stick up for the little person." Again, this explanation appears to be mere speculation. Further, regardless of the reasonableness of this explanation, it is clear this reason was not applied in a neutral manner. See State v. Oglesby, 298 S.C. 279, 379 S.E.2d 891 (1989) (originally neutral reason may be proven to be pretextual because not applied in a neutral manner). The Hospital did not strike a white juror, Juanita Perry, who responded to the identical question by stating, "I am a law abiding citizen." We find no real distinction between the statement by Nash and the statement by Perry. The hospital negated its reason when he seated a white female juror who made a similar statement.
Counsel lastly states the reason for excluding Nash related
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