Bobbitt by Bobbitt v. Rage Inc.

• Decision Date: 27 July 1998
• Docket Number: No. 5:98CV19.,5:98CV19.
• Citation: Bobbitt by Bobbitt v. Rage Inc., 19 F.Supp.2d 512 (W.D. N.C. 1998)
• Court: U.S. District Court — Western District of North Carolina
• Parties: Jasmyne and Patrick BOBBITT, Jr., by their next friends Alisa and Patrick BOBBITT, Sr., and Alisa and Patrick Bobbitt, Sr., Jason Brown, by his next friend, Ledell Brown, Jareem Chavis, by his next friend, Eva Chavis, Keyonda and Timesha Mangum, by their next friend, Aretha Mangum, Lakeisha McLean, by her next friend, Alesia McLean, Diane McDougal, Jessica Utley, by her next friend, Dorise Utley, and Clay Hallman, Derrick Miller, and Christopher Williams, Plaintiffs, v. RAGE INC., Mid-Atlantic Pizza Huts, Inc., and Pizza Hut of Hickory No. 2, Inc., Defendants.

19 F.Supp.2d 512

Jasmyne and Patrick BOBBITT, Jr., by their next friends Alisa and Patrick BOBBITT, Sr., and Alisa and Patrick Bobbitt, Sr., Jason Brown, by his next friend, Ledell Brown, Jareem Chavis, by his next friend, Eva Chavis, Keyonda and Timesha Mangum, by their next friend, Aretha Mangum, Lakeisha McLean, by her next friend, Alesia McLean, Diane McDougal, Jessica Utley, by her next friend, Dorise Utley, and Clay Hallman, Derrick Miller, and Christopher Williams, Plaintiffs, v. RAGE INC., Mid-Atlantic Pizza Huts, Inc., and Pizza Hut of Hickory No. 2, Inc., Defendants.

No. 5:98CV19.

United States District Court, W.D. North Carolina, Statesville Division.

July 27, 1998.

COPYRIGHT MATERIAL OMITTED

James E. Ferguson, III, Ferguson, Stein, Wallas, Gresham & Sumter, P.A., Charlotte, NC, Lynn Fontana, Fontana & Lanier, P.A., Durham, NC, Robinson & Lawing, L.L.P., Winston-Salem, NC, for Plaintiffs.

Robinson & Lawing, L.L.P., Winston-Salem, J. Gray Robinson, Norwood Robinson, Winston-Salem, for Defendants.

ORDER

McKNIGHT, United States Magistrate Judge.

This matter is before the undersigned Magistrate Judge pursuant to 28 U.S.C. § 636(b) for entry of an Order on Defendant's Motion to Dismiss.

I. Factual and Procedural Background

There are two groups of Plaintiffs in this action.¹ The "Hickory Plaintiffs" consist of Clay Hallman, Derrick Miller, and Christopher Williams. (Complaint ¶¶ 8-10.) All the Plaintiffs are African-American except for Clay Hallman. The "Cary Plaintiffs" consist of Jasmyne Bobbitt and Patrick Bobbitt, Jr., minors whose claims are brought by their parents, Alisa and Patrick Bobbitt, Sr.; Alisa Bobbitt and Patrick Bobbitt, Sr.; Jason Brown, a minor whose claim is brought by his father, Ledell Brown; Jareem Chavis, a minor whose claim is brought by his mother, Eva Chavis; Keyonda Mangum and Timesha Mangum, minors whose claims are brought by their mother, Linda Mangum; Tierra Mangum, a minor whose claim is brought by her mother, Aretha Mangum; LaKeisha McLean, a minor whose claim is brought by her mother, Alesia McLean; Alesia McLean; and Diane McDougal. (Complaint ¶¶ 1-7.)

A. The Hickory Plaintiffs

On March 3, 1995, at approximately 2:30 p.m., the Hickory Plaintiffs entered a Pizza Hut restaurant located in Hickory, North Carolina, owned and operated by Defendants. They used the restroom, were seated, were brought glasses of tea, and placed their orders. While waiting approximately thirty to forty minutes for their order, they observed a white teenager enter the restaurant, place and receive an order of food. (Complaint ¶¶ 37-39.)

Two police officers, accompanied by the restaurant manager who summoned them, approached the group. One officer told them that, according to the manager, three African-American teenagers had run out without paying the day before. Consequently, the Hickory Plaintiffs must prepay for their food. The group prepaid, and was served its food. (Complaint ¶¶ 40, 41.)

B. The Cary Plaintiffs

On November 23, 1996, at approximately 3:00 p.m., the Cary Plaintiffs entered a Pizza Hut restaurant located in Cary, North Carolina, owned and operated by Defendants. The group of thirteen waited ten to twelve minutes to be seated. A waitress named Carla approached them, and after determining their number, pushed tables together for the party. Carla then returned to the kitchen without saying any more to them. After standing and waiting a few more minutes, they seated themselves at the tables. (Complaint ¶¶ 19, 20.)

After being seated, the group waited ten to fifteen minutes without menus before retrieving menus themselves. The group observed that white customers had entered the Pizza Hut, been seated, and had their orders taken. (Complaint ¶¶ 21-23.)

The group was approached by another restaurant employee, one Muhammad Ali, who took their order. Ali apologized to the group for the long wait, and, referring to the other staff at the restaurant, stated that it was "their belief to act this way." At the time the group's order was taken, they observed that white customers who had entered the restaurant after them had already been served their food. (Complaint ¶¶ 24, 25.)

When the group finally received their order, they noticed that the pizza had insufficient sauce on it and complained to a waitress. The waitress "initially ignored them," but then brought out the assistant manager to field the complaint. In his effort to demonstrate the sufficiency of the sauce, the assistant manager used his fingers to pull back a layer of cheese. (Complaint ¶ 26.)

C. Procedural Background

On March 2, 1998, the two groups of Plaintiffs jointly filed this complaint alleging violations of 42 U.S.C. § 1981 and 42 U.S.C. § 2000a.² On May 8, 1998, Defendants filed a motion to dismiss. Plaintiffs have responded and Defendants have replied, rendering the motion to dismiss ripe for disposition.

II. The Rule 12(b)(6) Standard

A motion to dismiss under Rule 12(b)(6) of the Federal Rules of Civil Procedure is solely for the purpose of testing the formal sufficiency of the statement of the claim for relief. 5A Charles A. Wright & Arthur R. Miller, Federal Practice and Procedure § 1356, at 294 (2d ed.1983). The rule must be read in conjunction with Rule 8(a), which sets forth the requirements for pleading a claim in federal court and calls for "a short and plain statement of the claim showing that the pleader is entitled to relief." Fed.R.Civ.P. 8(a). For purposes of the motion to dismiss, the complaint is construed in the light most favorable to plaintiff and its allegations are taken as true. O'Hare Truck Serv., Inc. v. City of Northlake, 518 U.S. 712, 715, 116 S.Ct. 2353, 135 L.Ed.2d 874 (1996).

The Federal Rules of Civil Procedure "erect a powerful presumption against rejecting pleadings for failure to state a claim." Brever v. Rockwell Int'l Corp., 40 F.3d 1119, 1125 (10th Cir.1994) (citations omitted). A pleading should not be dismissed for failure to state a claim "unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief." Conley v. Gibson, 355 U.S. 41, 45-46, 78 S.Ct. 99, 2 L.Ed.2d 80 (1957). Nor should a complaint be dismissed on the ground that the court doubts whether the plaintiff will ultimately prevail in the action. Charles A. Wright & Arthur R. Miller, § 1357, at 340. Such an inquiry is a matter properly determined on the basis of the proof and not merely on the pleadings. Id. at 341.

III. The Section 1981 Claims

A. The Section 1981 Standard

Title 42, section 1981, of the United States Code states in pertinent part:

(a) All persons within the jurisdiction of the United States shall have the same right ... to make and enforce contracts ... as is enjoyed by white citizens ....

(b) For purposes of this section, the term "make and enforce contracts" includes the making, performance, modification, and termination of contracts, and the enjoyment of all benefits, privileges, terms, and conditions of the contractual relationship.

42 U.S.C. § 1981(a), (b). The aim of the statute is to remove the impediment of discrimination from a minority citizen's ability to participate fully and equally in the marketplace. Patterson v. McLean Credit Union, 491 U.S. 164, 190, 109 S.Ct. 2363, 105 L.Ed.2d 132 (1989). The right given by the statute extends not only to interactions between citizens and government, but to private dealings as well. St. Francis College v. Al-Khazraji, 481 U.S. 604, 609, 107 S.Ct. 2022, 95 L.Ed.2d 582 (1987).

In Patterson, the Supreme Court held that section 1981 prohibited discrimination in the formation of an employment contract but did not apply to "problems that may arise later from the conditions of continuing employment," that is, in the contractual relationship. Kim v. Nash Finch Co., 123 F.3d 1046, 1054 (8th Cir.1997) (quoting Patterson, 491 U.S. at 176-77, 109 S.Ct. 2363). Two years after Patterson, Congress enacted the Civil Rights Act of 1991, which, by the addition of subsection (b) to section 1981, overruled Patterson's limited interpretation of the section. Id.; see also Beardsley v. Webb and Isom, 30 F.3d 524, 527 (4th Cir.1994). In subsection (b) Congress redefined the term "make and enforce contracts" specifically to include "the making, performance, modification, and termination of contracts, and the enjoyment of all benefits, terms, and conditions of the contractual relationship." 42 U.S.C. § 1981(b).

Litigation involving section 1981 most commonly involves the right to make and enforce employment contracts. Morris v. Office Max, Inc., 89 F.3d 411, 413 (7th Cir.1996) (citing Rivers v. Roadway Express, Inc., 511 U.S. 298, 114 S.Ct. 1510, 128 L.Ed.2d 274 (1994)). Claims involving retail transactions have been relatively infrequent. Id. Of those that have been pursued, the majority have been for conduct which prevented the formation of the contract, as opposed to conduct which affected the nature or quality of the contractual relationship. Id.

To prevail under a section 1981 claim, the plaintiff must prove a prima facie case of intentional discrimination. Wallace v. Texas Tech Univ., 80 F.3d 1042, 1047 (5th Cir. 1996). The plaintiff may establish a prima facie case by direct evidence, or, more commonly, by circumstantial evidence of discriminatory motive. Harrington v. Harris, 108 F.3d 598, 606 (5th Cir.1997).

The burden shifting evidentiary framework established for Title VII claims also applies to section 1981 claims. See Mullen v. Princess Anne Volunteer Fire Co., 853 F.2d 1130, 1136 (4th Cir.1988); Gairola v. Com. of Virginia Dep't of Gen. Servs., 753 F.2d 1281, 1287 (4th Cir.1985). Under the McDonnell Douglas evidentiary framework, there are three stages of proof. McDonnell Douglas Corp. v. Green, 411 U.S. 792, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973). First, the plaintiff must establish a prima facie case of discrimination. See Texas Dep't of Community Affairs v....