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138 F. Supp. 3d 761
N.D. Miss.
2015
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Background

  • Plaintiffs Scott Michael and Rooster’s Blues House, LLC operated a restaurant/bar in a leased building in Oxford, MS; they subleased the first-floor kitchen/basement (Suite A) to defendant Clinton Boutwell’s Oxford Grillehouse while retaining the second floor (Suite B).
  • Boutwell and an ABC agent (Daniel Dunlap) exchanged numerous texts; plaintiffs allege Boutwell pressured or directed ABC enforcement actions (inspections, audits, a multi-agent "sweep") to harm Rooster’s so Boutwell could take over upstairs.
  • Rooster’s had prior ABC actions; after the sublease Rooster’s sought to re-establish a kitchen and to maintain a 25% food-sales requirement on its ABC permit. ABC renewed the permit but audited food-sales; Dept. of Revenue issued a reprimand tied to litigation allegations.
  • Plaintiffs sued for breach of contract, defamation, fraud, and § 1983 claims (Fourteenth Amendment: procedural/substantive due process and selective enforcement), alleging Boutwell conspired with ABC/Dunlap.
  • Court considered three pending motions: defendants’ 12(b)(1)/(b)(6) or summary-judgment motion; plaintiffs’ sanctions/default-motion based on Boutwell’s alleged threat to a witness; and defendants’ 12(b)(1) jurisdictional motion.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether the court has federal-question jurisdiction over the § 1983 claims (state-action) Plaintiffs allege Boutwell conspired with or controlled ABC/Dunlap (text messages, disclosure of enforcement info, coordinated complaints and inspections) creating state action Defendants argue no state action: Boutwell is private, Dunlap conducted independent investigations and routine communications with business owners Court: §1983 allegations were non-frivolous on the face of the complaint; factual record did not overwhelmingly refute state-action — jurisdiction (for adjudicating the motion) exists, but on summary judgment §1983 claims dismissed for lack of state action (Defendants entitled to summary judgment)
Whether summary judgment is warranted on §1983 claims Texts and circumstantial evidence show close relationship and influence sufficient to create a jury question Defendants show independent investigations, legitimate reasons for inspections, no evidence ABC acted solely at Boutwell’s direction Held: On the merits, no genuine dispute of material fact that Boutwell was a state actor; summary judgment granted for defendants on §1983 claims
Whether default or dispositive sanctions are appropriate for Boutwell’s alleged witness intimidation Plaintiffs sought default judgment after Boutwell’s verbal provocation and post-incident text to former manager/witness Mote Defendants explained the incident as isolated, provoked by alcohol/stress; offered apology and mitigation; disputed chilling effect Held: Court found bad-faith witness intimidation but not so egregious to justify default; awarded monetary sanctions (attorneys’ fees related to the motion + $1,000 fine) instead of default judgment
Whether to retain supplemental jurisdiction over state-law claims after dismissal of federal claims Plaintiffs urged continuation of the case in federal court Defendants argued dismissal of §1983 claims divests federal jurisdiction and state claims should be remanded/dismissed without prejudice Held: Court declined supplemental jurisdiction and dismissed state-law claims without prejudice to proceed in state court

Key Cases Cited

  • Bell v. Hood, 327 U.S. 678 (recognition that non-frivolous federal claims confer jurisdiction)
  • Lugar v. Edmondson Oil Co., 457 U.S. 922 (two-part test for attribution of private conduct to the state)
  • Sims v. Jefferson Downs Racing Ass’n, Inc., 778 F.2d 1068 (5th Cir.) (private party liable as state actor when state official acts on private party’s designation without independent investigation)
  • Priester v. Lowndes County, 354 F.3d 414 (5th Cir.) (elements for conspiracy-based §1983 liability against private party)
  • Dennis v. Sparks, 449 U.S. 24 (private-party liability when official act is product of corrupt conspiracy)
  • Mathews v. Eldridge, 424 U.S. 319 (due process balancing test)
  • Celotex Corp. v. Catrett, 477 U.S. 317 (summary judgment standard)
  • Williams v. Dillard’s Dep’t Stores, Inc., 211 Fed. Appx. 327 (5th Cir.) (private party not a state actor where officer conducted independent investigation)
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Case Details

Case Name: Michael v. Boutwell
Court Name: District Court, N.D. Mississippi
Date Published: Oct 7, 2015
Citations: 138 F. Supp. 3d 761; 2015 U.S. Dist. LEXIS 136838; 2015 WL 5837553; No. 3:14-CV-00116-DMB-SAA
Docket Number: No. 3:14-CV-00116-DMB-SAA
Court Abbreviation: N.D. Miss.
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