Almendares v. Palmer

Decision Date23 July 2003
Docket NumberNo. 3:00CV7524.,3:00CV7524.
Citation284 F.Supp.2d 799
PartiesEla C. ALMENDARES, et al., Plaintiffs v. Isaac PALMER, et al., Defendants
CourtU.S. District Court — Northern District of Ohio

Mark R. Heller, Victor L. Goode, W. David Koeninger, Advocates for Basic Legal Equality, Toledo, OH, for Maria G. Rodriguez, and all others similarly situated, Consuelo Marquez, and all others similarly situated, Ela C. Almendares, And all others similarly situated, Tomas G. Juvier, And all others similarly situated, Maria Neria, And all others similarly situated, Jesus Saenz, And all others similarly situated, Plaintiffs.

John A. Borell, Office of the Prosecuting Attorney, Lucas County, Toledo, OH, for George Steger, Lucas County Dept. of Job and Family Services, defendants.

Rebecca L. Thomas, John T. Williams, Patrick W. Beatty, Office of the Attorney General, Health & Human Services Section, Columbus, OH, for Jacqueline Romer-Sensky, in her official capacity as Director of the Ohio Department of Job and Family Services, Ohio Department of Job and Family Services, Isaac Palmer, Tom Hayes, defendants.

ORDER

CARR, District Judge.

Plaintiffs Ela C. Almendares, Tomas G. Juvier, Maria Neria, and Jesus Saenz bring this class action on behalf of themselves and others similarly situated against the Lucas County Department of Job and Family Services (LCDJFS) and Isaac Palmer in his official capacity as director of LCDJFS (county defendants), and the Ohio Department of Job and Family Services (ODJFS) and Tom Hayes in his official capacity as director of the ODJFS (state defendants). Plaintiffs claim defendants have violated federal and state law by failing to ensure the adequate provision of bilingual services under the state food stamp program. Plaintiffs also allege defendants intentionally discriminated against them on the basis of national origin. This court has jurisdiction pursuant to 28 U.S.C. §§ 1331 and 1367.

Pending are state and county defendants' motions for judgment on the pleadings pursuant to Fed.R.Civ.P. 12(c). For the following reasons, state defendants' motion shall be denied and county defendants' motion shall be granted in part and denied in part.

BACKGROUND
I. Factual Background

Plaintiffs are low-income Spanish-speaking, or "limited English proficient" ("LEP"), recipients of food stamps. They are residents of Lucas County, Ohio. Their food stamps are administered by the LCDJFS.

Plaintiffs contend that notices, applications, and written communications from the ODJFS and LCDJFS are almost exclusively in English. Plaintiffs further allege that the LCDJFS does not have employees available who are able to speak to plaintiffs in Spanish. As a result of defendants' failure to implement bilingual policies, plaintiffs charge that their rights to participate equally in the federal food stamp program have been denied and that defendants have discriminated against them on the basis of national origin.1

Plaintiffs' complaint asserts six causes of action. Count one, brought under 42 U.S.C. § 1983, alleges that LCDJFS, Palmer, and Hayes have deprived plaintiffs of their rights to bilingual information and assistance guaranteed by § 2020(e)(1)(B) of the Food Stamp Act and its implementing regulations, 7 C.F.R. § § 272.4(b) and 272.5(b)(3).

Count two alleges that ODJFS and LCDJFS violated Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d, by using criteria or methods of program administration that intentionally discriminate on the basis of national origin.

Count three alleges that LCDJFS and ODJFS violated § 2020(e)(1)(B) and 7 C.F.R. § § 272.4(b) and 272.5(b)(3) for failing to ensure the adequate provision of bilingual program information materials, notices, and bilingual staff or interpreters.

Count four alleges that LCDJFS, Hayes, and Palmer, in their official capacities, violated Title VI and 7 C.F.R. § § 15.3(a) and 15.3(b)(2) by failing to ensure the adequate provision of bilingual program information materials, notices and bilingual staff or interpreters.

Count five alleges that the Food Stamp Act provides an implied private right of action. Therefore, LCDJFS, Palmer, and Hayes violated § 2020(e)(1)(B) and its implementing regulations, 7 C.F.R. §§ 272.4(b) and 272.5(b), for failing to ensure the adequate provision of bilingual services.

Count six alleges that LCDJFS and Palmer violated Ohio law for failing to ensure the adequate provision of bilingual material and interpreters and that O.A.C. § 5101:4-1-05 provides a remedy for this violation.

II. Procedural Background

This is the second Rule 12 motion filed by state defendants. State defendants' previous motion to dismiss was granted in part and denied in part.

In their previous motion, state defendants raised the defense of Eleventh Amendment immunity as to counts three and four. In response, plaintiffs voluntarily withdrew those claims. As to counts one and five, I granted state defendants' motion, finding that § 2020(e)(1)(B) of the Food Stamp Act and its implementing regulations did not create an enforceable right under § 1983 or an implied private right of action. As to count two, I denied state defendants' motion, finding that plaintiffs had alleged the essential elements of a Title VI claim based on national origin discrimination.

State defendants now move for judgment on the pleadings on count two — the only remaining claim against them. County defendants move for judgment on the pleadings on all counts.

STANDARD OF REVIEW

Rule 12(c) provides, "After the pleadings are closed but within such time as not to delay the trial, any party may move for judgment on the pleadings." FED.R.CIV.P 12(c). A motion for judgment on the pleadings is determined under the same standard of review as a motion to dismiss under Rule 12(b)(6). Morgan v. Church's Fried Chicken, 829 F.2d 10, 11 (6th Cir. 1987). The only different between Rule 12(c) and Rule 12(b)(6) is the timing of the motion to dismiss. A motion to dismiss under Rule 12(b)(6) requires the moving party to request judgment in a pre-answer motion or in an answer. A motion for judgment on the pleadings under Rule 12(c) may be submitted after the defendants filed an answer.

Under Rule 12(b)(6), no complaint shall be dismissed unless the plaintiff has failed to allege facts in support of plaintiffs' claim that, construed in plaintiffs' favor, would entitle the plaintiff to relief. Conley v. Gibson, 355 U.S. 41, 45-46, 78 S.Ct. 99, 2 L.Ed.2d 80 (1957). When deciding a motion brought pursuant to Fed.R.Civ.P. 12(b)(6), the inquiry is essentially limited to the content of the complaint, although matters of public record, orders, items appearing in the record, and attached exhibits also may be taken into account. See Yanacos v. Lake County, 953 F.Supp. 187, 191 (N.D.Ohio 1996). The court must accept all the allegations stated in the complaint as true, Hishon v. King & Spalding, 467 U.S. 69, 73, 104 S.Ct. 2229, 81 L.Ed.2d 59 (1984), while viewing the complaint in the light most favorable to the plaintiff. Scheuer v. Rhodes, 416 U.S. 232, 236, 94 S.Ct. 1683, 40 L.Ed.2d 90 (1974). A court, however, is "not bound to accept as true a legal conclusion couched as a factual allegation." Papasan v. Allain, 478 U.S. 265, 286, 106 S.Ct. 2932, 92 L.Ed.2d 209 (1986).

DISCUSSION
I. State Defendants' Title VI Claim
A. Title VI

Title VI excludes from participation in federal assistance recipients of aid that discriminate against racial groups. The ODJFS and LCDJFS accept federal funding from the United States Department of Agriculture and are therefore subject to the restrictions of Title VI. Section 601 of that title provides that no person shall, "on the ground of race, color or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity" covered by Title VI, 42 U.S.C. § 2000d. Section 602 authorizes federal agencies to "effectuate the provisions of [§ 601] ... by issuing rules, regulations, or orders of general applicability." 42 U.S.C. § 2000d-1.

In Cannon v. Univ. of Chicago, 441 U.S. 677, 99 S.Ct. 1946, 60 L.Ed.2d 560 (1979), the Supreme Court held that private individuals may sue to enforce Title VI. Congress has since ratified that holding: § 1003 of the Rehabilitation Act Amendments of 1986, 42 U.S.C. § 2000d-7, expressly abrogates states' sovereign immunity against suits brought in federal court to enforce Title VI.

To state a claim under Title VI, the Supreme Court has made clear that a private individual must allege intentional discrimination, not disparate impact. Alexander v. Sandoval, 532 U.S. 275, 280-81, 121 S.Ct. 1511, 149 L.Ed.2d 517 (2001) ("[Section] 601 prohibits only intentional discrimination.") (citing Regents of Univ. of Cal. v. Bakke, 438 U.S. 265, 287, 98 S.Ct. 2733, 57 L.Ed.2d 750 (1978)). Therefore, a private right of action to enforce Title VI does not include a private right to enforce disparate-impact regulations promulgated under § 602. Id. at 285-86, 121 S.Ct. 1511.2

B. State Defendants' Previous Motion to Dismiss

In their previous motion, state defendants argued that plaintiffs failed to state a claim under Title VI because plaintiffs did not allege intentional discrimination, as required by Sandoval. To state a claim for intentional discrimination, state defendants argued that plaintiffs must allege that the defendants intended to treat similarly-situated persons differently on the basis of national origin. See Doc. 99 at 9 (citing Hopwood v. Texas, 78 F.3d 932, 957 (5th Cir.1996)).3

In my previous order, I responded to this argument, stating:

It is true that Title VI's coverage mirrors that of the Equal Protection Clause. Alexander, 532 U.S. at 282, 121 S.Ct. 1511; Grutter v. Bollinger, 288 F.3d 732, 742 (6th Cir.2002). Plaintiffs' complaint, however, alleges that they are being treated differently. Plaintiffs allege that they are being discriminated against on the basis of their...

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