Starship Enterprises of Atlanta, Inc. v. Coweta County, Georgia
2013 U.S. App. LEXIS 3188
| 11th Cir. | 2013Background
- Starship sought a general business license to operate a Coweta County bookstore selling adult materials.
- County officials initially doubted general-license eligibility but allowed building permit and occupancy after assurances Starship would limit sexually explicit content.
- Wagner denied the general business license under a newly enacted Sexually Oriented Business Ordinance, concluding the store would be a sexually oriented business under the new rules.
- Starship challenged the denial in state court via mandamus; the Superior Court granted mandamus, and Wagner issued the license.
- Starship filed a federal §1983 action; the district court dismissed on res judicata grounds and declined to exercise jurisdiction over related state-law claims.
- On appeal, the Eleventh Circuit affirmed, sustaining the res judicata dismissal and the denial of supplemental jurisdiction over state claims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does res judicata bar Counts 1, 3, 4, 5, and 7? | Starship argued it could not be barred since the merits were not fully adjudicated in mandamus. | Coweta County/Wagner argued the claims arose from the same subject matter and parties and could have been raised in mandamus. | Yes; five counts barred by res judicata. |
| Were Counts 2 and 6 properly dismissed as pleaded or under Rule 12(b)(6)? | Starship contends the counts plead valid constitutional claims (as to Bill of Attainder and facial First Amendment issues). | Defendants contend the Bill of Attainder claim is frivolous and Count 6 fails to state a claim. | Yes; Counts 2 frivolous and Count 6 failed to state a claim; affirmed dismissal. |
| Was the district court correct to decline supplemental jurisdiction over the state-law claims? | Starship sought to preserve state-law claims alongside federal ones. | Court properly declined supplemental jurisdiction once federal claims were resolved. | Affirmed dismissal of state-law claims without prejudice. |
Key Cases Cited
- Hill v. White, 321 F.3d 1334 (11th Cir. 2003) (standard for de novo review of Rule 12(b)(6) dismissals)
- E.E.O.C. v. Pemco Aeroplex, Inc., 383 F.3d 1280 (11th Cir. 2004) (res judicata and related preclusion principles applied in federal courts)
- Jones v. Gann, 703 F.2d 513 (11th Cir. 1983) (res judicata analysis and pleading standards)
- Davis v. Coca-Cola Bottling Co., 516 F.3d 955 (11th Cir. 2008) (critique of shotgun pleadings; pleading clarity concerns)
- Fowler v. Vineyard, 261 Ga. 454 (Ga. 1991) (Georgia res judicata doctrine: same subject matter and parties)