Nguyen v. La. State Bd. of Cosmetology
| Decision Date | 20 February 2017 |
| Docket Number | CIVIL ACTION NO.: 14–00080–BAJ–RLB |
| Citation | 236 F.Supp.3d 947 |
| Parties | Thoa T. NGUYEN, et al. v. LOUISIANA STATE BOARD OF COSMETOLOGY, et al. |
| Court | U.S. District Court — Middle District of Louisiana |
Ryan Ellis Beasley, Sr., New Orleans, LA, Anh Quang Cao, Tu Thomas Hoang, Cao Law Firm, Harvey, LA, for Plaintiffs.
Carrie Leblanc Jones, Edmond Wade Shows, Kathryn Dufrene, Shows, Cali & Walsh, Thomas Robert Peak, Katia Desrouleaux Bowman, Taylor, Porter, Brooks & Phillips, LLP, Grant Joseph Guillot, Adams and Reese, LLP, Paul H. Spaht, The Spaht Law Firm, LLC, James L. Hilburn, Baton Rouge, LA, for Defendants.
Before the Court is the Motion for Summary Judgment (Doc. 162) filed by Defendants Louisiana State Board of Cosmetology, Sherrie Stockstill, and Margaret Keller. Defendants seek summary judgment on the claims asserted by Plaintiffs Thoa Nguyen d/b/a Exotic Nails, Hien Hoang d/b/a Magic Nails, Uan Pham d/b/a Elegant Nails #2, and Mai Thi Nguyen d/b/a Nu Nails. Plaintiffs filed a joint memorandum in opposition to the Motion, (see Doc. 180), and Defendants filed a reply to Plaintiffs' memorandum in opposition, (see Doc. 179). On January 17, 2017, the Court held a hearing on the Motion. The Court has jurisdiction pursuant to 28 U.S.C. §§ 1331, 1367. For the reasons explained herein, Defendants' Motion for Summary Judgment (Doc. 162) is DENIED.
This action was initiated on February 6, 2014, by nine nail-salon owners of Vietnamese and Asian heritage. The nine Plaintiffs sought injunctive relief and damages against the Louisiana State Board of Cosmetology ("LSBC") and individuals associated with the LSBC (collectively, "Defendants")—including Sherrie Stockstill ("Stockstill") and Margaret Keller ("Keller"), who are inspectors for the LSBC. Specifically, Plaintiffs alleged that they were "harassed, intimidated, falsely imprisoned, and arbitrarily discriminated against or racially profiled based on their race, ethnicity or national origin by the Louisiana State Board of Cosmetology and/or its agents." (Doc. 1–1 at ¶ 5).2 Plaintiffs asserted claims of (1) racial discrimination in violation of 42 U.S.C. § 1983 and the Fourteenth Amendment to the United States Constitution and (2) false imprisonment.
Through the course of these proceedings, the Court dismissed the claims against nineteen Defendants and the claims of five Plaintiffs. (See Docs. 62, 63, 146, 195, 210). In the instant Motion, Defendants seek summary judgment on the claims of the four remaining Plaintiffs: Thoa Nguyen, Hien Hoang, Uan Pham, and Mai Thi Nguyen (collectively, "Plaintiffs"). The facts relevant to each Plaintiff are detailed below.
Thoa Nguyen ("T. Nguyen") is the owner of the manicuring salon Exotic Nails in Lafayette, Louisiana. On July 19, 2013, Stockstill, along with Debra Ashmore, inspected Exotic Nails at the direction of Stockstill's supervisor, Tywanda Spland. After the inspection, the inspectors noted four alleged violations on an Inspection Report and Notices of Violation that were issued.3 Some of the noted violations included the provision of services by unlicensed technicians and the presence of waxing equipment and supplies.
The inspectors forwarded the Inspection Report and Notices of Violation to Celia Cangelosi ("Cangelosi"), who serves as an attorney for the LSBC, whereafter Cangelosi would decide whether disciplinary proceedings were warranted. Cangelosi drafted Informal Hearing Letters and sent the Letters to the Executive Director of the LSBC, Steven Young ("Director Young"). Director Young signed the Letters and sent them to T. Nguyen on September 16, 2013. The Informal Hearing Letters notified T. Nguyen that she had ten days to demonstrate compliance with the Louisiana Cosmetology Act and that should she fail to do so, the matter would be scheduled for a formal hearing.
In February 2014, Cangelosi prepared formal charges to be brought against T. Nguyen pursuant to Louisiana Revised Statutes section 37:600. The charges were not finalized, however, due to the initiation of this action on February 6, 2014.
Hien Hoang ("Hoang") is the owner of the manicuring salon Magic Nails in Prairieville, Louisiana. Magic Nails was inspected by the LSBC three times within a fourteen-month period. Stockstill conducted the first inspection on March 22, 2012. On the Inspection Report and Notice of Violation, Stockstill noted that the salon operated without a license and employed individuals without nail-technician licenses.4 The same day, the LSBC sent Hoang a Cease and Desist Order, which was signed by Director Young. Shortly thereafter, Cangelosi successfully negotiated a Consent Agreement with Hoang to resolve the alleged violations that were discovered during the first inspection.
Four months after the first inspection, Stockstill conducted a second inspection on August 8, 2012. Stockstill noted on the Inspection Report and Notice of Violation that an unlicensed nail technician was performing manicures.5 Upon receipt of the Inspection Report and Notice of Violation, Cangelosi drafted Informal Hearing Letters that were signed by Director Young and sent to Hoang on December 12, 2012. The Informal Hearing Letters notified Hoang that he had ten days to demonstrate compliance with the Louisiana Cosmetology Act and that should he fail to do so, the matter would be scheduled for a formal hearing. After Hoang failed to respond, Cangelosi prepared Formal Hearing Letters, setting the matter for a formal hearing on July 1, 2013.6
While the proceedings related to the second inspection were pending, Stockstill—with the assistance of Keller—conducted a third inspection on May 3, 2013. On the Inspection Report and Notices of Violation, the inspectors noted the presence of waxing equipment and supplies in the salon and that "a girl performing a pedicure ... ran out the back door."7 The inspectors forwarded the Inspection Report and Notices of Violation to Cangelosi, and she prepared Informal Hearing Letters that were signed by Director Young and were sent to Hoang on June 11, 2013.
On June 14, 2013, the alleged violations from the second and third inspections were consolidated into Amended Notices to Show Cause. Cangelosi and Hoang's attorney negotiated proposed Consent Agreements to resolve all of the charges against Hoang that were listed in the Amended Notices to Show Cause. The Consent Agreements, however, were rejected at the LSBC hearing on August 5, 2013.8
On August 16, 2013, Hoang received Formal Hearing Letters, Second Amended Notices to Show Cause, and Second Amended Administrative Complaints. These documents were prepared by Cangelosi and signed by Director Young. At the LSBC hearing on October 7, 2013, the proposed Consent Agreements were formally accepted.
Uan Pham ("Pham") is the owner of the manicuring salon Elegant Nails #2 in Lafayette, Louisiana. On August 28, 2013, Stockstill inspected the salon. On the Inspection Report and Notice of Violation, Stockstill noted the presence of waxing equipment and supplies in the salon. Stockstill forwarded the Inspection Report and Notice of Violation to Cangelosi, whereafter Cangelosi would decide whether disciplinary proceedings were warranted. Cangelosi drafted Informal Hearing Letters that were signed by Director Young and were sent to Pham on September 30, 2013.
The Informal Hearing Letters notified Pham that he had ten days to show compliance with the Louisiana Cosmetology Act and that should he fail to do so, the matter would be scheduled for a formal hearing. On October 3, 2013, Cangelosi and Pham negotiated proposed Consent Agreements. Pham received the proposed Consent Agreements from Cangelosi, but he did not return them to Cangelosi by the October 24, 2013, deadline.
On December 23, 2013, Pham called Cangelosi to negotiate new proposed Consent Agreements that would contain lesser fines. The negotiations were unsuccessful.
Thereafter, Cangelosi prepared Formal Hearing Letters, Notices to Show Cause, and Administrative Complaints, which were signed by Director Young and were sent to Pham on or about January 8, 2014. On January 30, 2014, Pham signed the Consent Agreements, which were accepted at the LSBC hearing on February 3, 2014.
Mai Thi Nguyen ("M. Nguyen") is the owner of the manicuring salon Nu Nails in Gonzales, Louisiana. M. Nguyen purchased the salon from Thu Nguyen on August 14, 2013. According to Plaintiffs, the previous owner, Thu Nguyen, operated the salon in violation of LSBC regulations.9 On September 5, 2013, Stockstill inspected the salon. On the Inspection Report and Notice of Violation, Stockstill noted that the salon was operating without the benefit of a license. The next day, the LSBC sent M. Nguyen a Cease and Desist Order signed by Director Young. Thereafter, Cangelosi received the Inspection Report and Notice of Violation from Stockstill and was made aware of the Cease and Desist Order.
On September 11, 2013, M. Nguyen applied for a manicuring-salon license. M. Nguyen's application was immediately forwarded to Cangelosi.
On September 25, 2013, the LSBC sent M. Nguyen a Rule to Show Cause Why Application Should Not Be Denied ("Rule to Show Cause"), which was prepared by Cangelosi and signed by Director Young. The Rule to Show Cause directed M. Nguyen to demonstrate why her application should not be denied on grounds of (1) attempting to obtain a salon license by means of fraud, misrepresentation, or the concealment of facts and (2) operating a salon without a license.10 The LSBC hearing on the Rule to Show Cause was scheduled for December 2, 2013.
While the Rule to Show Cause was pending, Stockstill conducted a second inspection of the salon on October 1, 2013. On the Inspection Report, Stockstill noted that the inspection was a follow-up...
To continue reading
Request your trial