OPINION
A group of Tennessee citizens sued the Southeastern Boll Weevil Eradication Foundation (“Southeastern”), the Tennessee Boll Weevil Eradication Foundation (“Tennessee Foundation”), and various flying services and their respective employees, for allegedly spraying the insecticide malathion on their persons and properties. The plaintiffs asserted a claim under 42 U.S.C. § 1983 for violations of the Fourth, Fifth, Ninth, and Fourteenth Amendments. The plaintiffs also asserted a claim under 42 U.S.C. § 1985, a claim for injunctive relief, and several state-law tort claims.
The defendants moved to dismiss for lack of subject matter jurisdiction, asserting that Southeastern and the Tennessee Foundation are arms of the federal and state governments respectively, and are therefore entitled to sovereign immunity. The defendants also moved to dismiss under Federal Rule of Civil Procedure 12(b)(6), alleging that the Perry plaintiffs failed to state a claim upon which relief can be granted. The district court denied the defendants’ first motion, finding that Southeastern and the Tennessee Foundation were not entitled to sovereign immunity. The district court, however, granted the second motion, finding that the plaintiffs’ complaint had not sufficiently alleged conduct to form the basis of their claims. The district court dismissed the case, declining to exercise supplemental jurisdiction over the plaintiffs’ state-law claims. The Perry plaintiffs appealed the district court’s dismissal of all the counts in their complaint, save their Ninth Amendment claim. The defendants cross-appealed the district court’s denial of their motion to dismiss for lack of jurisdiction on sovereign immunity grounds. For the following reasons, we AFFIRM the district court.
I. Background
Decades ago, the boll weevil beetle traveled to Tennessee where it began to wreak havoc on the state’s cotton plants. The boll weevil caused extreme economic losses for the cotton industry in Tennessee and elsewhere. In response, Tennessee declared the boll weevil “a public nuisance, a pest and a menace to the cotton industry.” Both the federal and Tennessee governments passed legislation authorizing a program for eradicating the boll weevil in infested areas. For the federal government’s part, the Department of Agriculture’s Animal and Plant Health Inspection Service was in charge of overseeing the program. For thé State of Tennessee, the Tennessee General Assembly enabled nonprofit corporations to be certified to engage in cooperative ventures within the state in its effort to eradicate the boll weevil.
Southeastern and the Tennessee Foundation were set up under the federal and state systems respectively to supervise the eradication of the boll weevil. The Tennessee Foundation was created, in part, to collect monetary assessments from the state’s cotton growers. Tenn.Code Ann. § 43-6-421. These funds are remitted to Southeastern to be used in the eradication program. The eradication program involved the spraying of malathion on cotton fields. Malathion is a popular insecticide and it is sprayed on cotton fields either by ground equipment or aerial spraying.
On July 30, 2001, the plaintiffs, approximately eighteen citizens of Western Tennessee, led by David Perry, filed a class action lawsuit against the officers, agents and employees of both Southeastern and the Tennessee Foundation, as well as the
II. Analysis
1. Standard of Review
“We review de novo the legal question of whether [an entity] is entitled to sovereign immunity, Timmer v. Mich. Dep’t of Commerce,
This Court reviews de novo the district court’s dismissal of a claim under Federal Rule of Civil Procedure 12(b)(6). Michigan Paytel Joint Venture v. City of Detroit,
Plaintiffs argue that the Andrews standard is a “heightened pleading requirement” that has been forbidden by the Supreme Court in Swierkiewicz v. Sorema N.A.,
Finally, we review the district court’s decision to decline supplemental jurisdiction for an abuse of discretion. Musson Theatrical, Inc. v. Fed. Express Corp.,
2. Southeastern’s Federal Sovereign Immunity Defense
Southeastern claims that it is an arm of an agency of the federal government and, therefore, is immune from this suit. Southeastern has likewise claimed this defense in the parallel case of Parrett v. Southeastern Boll Weevil Eradication Foundation, Inc., — Fed.Appx -, Nos. 04-5521/6035/5937,
3. Tennessee Foundation’s Eleventh Amendment Immunity Defense
The Tennessee Foundation claims that it is an arm of the state of Tennessee and, therefore, is entitled to Eleventh Amendment
First, we look at the state’s potential for legal liability for a judgment against the entity, not whether the state would actually pay the judgment in our particular case. Ernst,
Second, we look to how the state’s statutes and courts have referred to the entity and the degree of control the state has over the entity. Tennessee has referred to the Tennessee Foundation as an entity that is separate and distinct from the state government. The state statute which permits the Commissioner to certify cotton growers’ organizations — such as the Tennessee Foundation — for boll weevil eradication activities, notes that the purpose of such certification is for “entering into agreements with the state of Tennessee.” § 43-6-421. The fact that the state is contemplating a cooperative agreement indicates that the state did not view the Tennessee Foundation as an internal entity. Additionally, Tenn.Code Ann. § 43-6-423 sets forth that the cotton growers’ organization, in our case the Tennessee Foundation, may select its own “advisory boards,” “special committees,” legal counsel, etc. The statute also expressly permits that the Tennessee Foundation may be impleaded in all courts, and, as previously noted, may incur its own debt for which it is responsible. This is in direct contrast to the situation in Ernst, where the state was responsible for the management functions of the entity in question and the state attorney general served as the entity’s legal counsel. Ernst,
The evidence further suggests that the state has very little daily control over the Tennessee Foundation. Although the defendants argue that the Tennessee Commissioner of Agriculture has the ability to levy fines and assess penalties against cotton growers who are not in compliance with the Commissioner’s regulations, the defendants have not explained how that affects the Tennessee Foundations’ activities. It is also noteworthy that Tenn.Code Ann. § 43-6-403 contemplates that the Commissioner will share his responsibilities with other organizations in a cooperative effort to eradicate the boll weevil. Accordingly, this second factor weighs against the Tennessee Foundation’s claim that it is an arm of the state.
Third, we must look to whether state or local officials appoint the entity’s board members. The Tennessee Foundation has acknowledged that it has “its own Board of Directors.” Appellee’s Br. at 37. By statute, the Board only has one member who is a representative of the state government. TenmCode Ann. § 43-6-421(b)(4)(C). This board member is ap
Finally, we must determine whether the Tennessee Foundation’s functions are akin to traditional state or local functions. Here, the main purpose of the Tennessee Foundation is to collect the monetary assessments that are made against the cotton farmers pursuant to the cotton farmer referendum. In fact, the cotton farmers themselves directly participate in determining the amount of the assessment. This monetary assessment is more similar to a fee than a tax, as a tax is “a revenue raising measure levied for the purpose of paying the government’s general debts and liabilities and that a fee is imposed for the purpose of regulating a specific activity or for defraying the cost for providing a service or benefit to the party paying the same.” Tucker Corp. v. City of Clarksville, No. M2002-00627-COA-R3-CV, 2003 Tenn.App. LEXIS 401, *13,
All four factors, including the first and foremost factor, weigh against a finding of sovereign immunity. Therefore, we affirm the district court’s denial of the Tennessee Foundation’s motion to dismiss for lack of jurisdiction.
4. Plaintiffs’ Fourth Amendment Claim
Plaintiffs contend that the spraying of malathion on their properties and persons infringed on their right to be free from unreasonable searches and seizures under the Fourth Amendment. Aside from citing to the Fourth Amendment and noting that they were either prisoners in their homes or driven from their homes because of the malathion spray, there are no further allegations in the complaint about how the spraying caused the plaintiffs to be either searched or seized.
We look first at the “search” aspect of plaintiffs’ complaint. Construing the complaint in a light most favorable to the plaintiffs, they have only claimed a bare assertion that they were searched. The plaintiffs did not plead in their complaint anything from which a court could infer a search.
We next turn to the “seizure” issue. In order to state a claim for an unconstitutional seizure where a plaintiff claims that he was not free to leave his home, a plaintiff must allege that there was some show of authority by the state, such that a reasonable person would not feel free to leave, and such that the person at issue actually did not leave. Bennett v. City of East
As plaintiffs have failed to state a Fourth Amendment claim upon which relief can be granted, we affirm the district court’s dismissal of this count.
5. Plaintiffs’ Fifth Amendment Claim
The plaintiffs alleged that the spraying of malathion on their properties from July 2000 to December 2001 constituted a taking without just compensation. The district court found that the takings claim was not ripe for adjudication because the plaintiffs had failed to exhaust their state remedies prior to filing the federal takings claim. The district court also found that plaintiffs failed to allege a permanent deprivation of their property such that dismissal under 12(b)(6) was proper. As we agree with the district court that the takings claim was not ripe for adjudication, we do not reach the issue of whether plaintiffs’ Fifth Amendment complaint was adequately pleaded.
A plaintiff alleging a taking of property without just compensation must first exhaust state procedures for obtaining compensation. See Williamson County Reg’l Planning Comm’n v. Hamilton Bank of Johnson City,
Once it is clear that some state procedure is available for obtaining compensation, the burden is on the plaintiff to show why that procedure was somehow inadequate. See Williamson,
As plaintiffs have not shown that their claim was ripe for disposition, we affirm the district court’s dismissal of their Fifth Amendment claim. We need not reach the issue of whether the complaint stated a valid Fifth Amendment claim.
6. Plaintiffs’ Fourteenth Amendment Due Process Claim
Plaintiffs asserted that the defendants violated their Fourteenth Amendment rights by spraying malathion on their persons and properties. The Fourteenth Amendment prohibits any state deprivation of life, liberty, or property without due process of law. Morrissey v. Brewer,
Under § 1983, however, plaintiffs “must plead ... that state remedies for redressing the wrong are inadequate.” Vicory v. Walton,
We are mindful that “the due process guarantee does not entail a body of constitutional law imposing liability whenever someone cloaked with state authority causes harm.” County of Sacramento v. Lewis,
Plaintiffs have not met their pleading burden. They have not pleaded what state remedies, if any, existed, and how they were inadequate. See Pilgrim v. Littlefield,
As plaintiffs have not adequately pleaded a Fourteenth Amendment due process violation, we affirm the district court’s dismissal of this claim.
7. Plaintiffs’ 42 U.S.C. § 1985 Claim
Plaintiffs allege that the corporate defendants conspired to spray the malathion and that they failed to supervise or control the spraying with reckless disregard. They seek to recover damages for their conspiracy claim pursuant to 42 U.S.C. § 1985.
Section 1985 creates a “cause of action against those who conspire to obstruct justice, or to deprive any person of equal protection or the privileges and immunities provided by the Constitution....” Jaco v. Bloechle,
Aside from alleging that they were injured by the spraying of malathion that occurred between July 15, 2000 and December 31, 2001, the plaintiffs do not set forth any additional factual allegations indicating when, where, or how the defendants conspired to spray the malathion in a manner damaging to the plaintiffs. Accordingly, it appears that the plaintiffs have failed to plead, with particularity, their conspiracy claim.
Further, the plaintiffs have not alleged that the conspiracy was motivated by class-based animus. See Johnson,
As the plaintiffs have not adequately pleaded their § 1985 claim, we affirm the district court’s dismissal of this claim.
In addition to their constitutional claims, the plaintiffs sought to enjoin the defendants from further spraying of malathion on their persons or property. In order to seek equitable relief, one must allege that there is either no remedy or an inadequate remedy at law. Coffman v. Breeze Corp.,
As the plaintiffs have not properly pleaded their request for injunctive relief, we affirm the district court’s dismissal of plaintiffs’ equitable relief claim.
9. State Tort Claims
The plaintiffs’ complaint contained several state-law tort claims against the defendants, including false imprisonmeni/unlawful detention, assault and battery, and trespass. The district court, after dismissing the federal claims, declined to exercise supplemental jurisdiction over these state-law claims. As discussed supra, we review this decision for an abuse of discretion.
Although the plaintiffs may very well have valid state-law tort claims, once the district court dismissed the core federal claims from the case, it was appropriate for it to dismiss, without prejudice, the state claims, so that the plaintiffs may pursue these claims in a more appropriate forum. See Musson Theatrical, Inc. v. Federal Express Corp.,
As the district court did not abuse its discretion, we affirm the district court.
III. Conclusion
For the preceding reasons, we AFFIRM the judgment of the district court.
Notes
. The plaintiffs dismissed their Eighth Amendment claim early in the proceedings below.
. The plaintiffs are no longer pursuing their Ninth Amendment claim.
. "The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State." U.S. Const, amend. XI. The Eleventh Amendment has been broadly interpreted as conferring on the states an immunity from suit in federal court, even when sued by a Citizen of the state being sued. See Hans v. Louisiana,
. It is worth noting that the plaintiffs, in their conspiracy count, allege that the defendants acted with "reckless disregard” and not with the intent to acquire physical control of the plaintiffs.
. On appeal, plaintiffs allege the "Defendants intentionally and systematically sprayed the poison on plaintiffs, their homes, person, families, animals, and properties and that such intentional spraying of the poisons was unlawful and intentional, subject to the ‘reasonableness standard’ of the Fourth Amendment.” However, in an appeal of a dismissal pursuant to 12(b)(6) we are limited to the allegations pleaded to in plaintiffs' complaint.
