Robinson v. Price, No. 76-3737

CourtUnited States Courts of Appeals. United States Court of Appeals (5th Circuit)
Writing for the CourtBefore GOLDBERG, CLARK and FAY; FAY
Citation553 F.2d 918
Parties15 Empl. Prac. Dec. P 7866 Percy ROBINSON, Plaintiff-Appellant, v. Samuel PRICE, etc., et al., Defendants-Appellees. Summary Calendar. *
Decision Date09 June 1977
Docket NumberNo. 76-3737

Page 918

553 F.2d 918
15 Empl. Prac. Dec. P 7866
Percy ROBINSON, Plaintiff-Appellant,
v.
Samuel PRICE, etc., et al., Defendants-Appellees.
No. 76-3737
Summary Calendar. *
United States Court of Appeals,
Fifth Circuit.
June 9, 1977.

Page 919

Percy Robinson pro se.

Gordon R. Cooper, II, Houston, Tex., for defendants-appellees.

Appeal from the United States District Court for the Southern District of Texas.

Before GOLDBERG, CLARK and FAY, Circuit Judges.

FAY, Circuit Judge:

The decision of the district court dismissing this cause of action for failing to state a claim upon which relief may be granted is reversed. We feel that the plaintiff has set forth in his pleadings sufficient facts to preliminarily invoke the court's jurisdiction, and that his allegations of wrongful dismissal from his employment because of racial and religious reasons are sufficiently detailed and relevant to withstand dismissal under Federal Rules of Civil Procedure 12(b)(6). We recognize that the pleadings of the plaintiff (who is proceeding pro se) are poorly drafted, exceedingly wordy, and at times incorrect in their statement of the law. However, we are also fully aware of the rigid standard which must be met before dismissing a case. A motion to dismiss should not be granted unless it appears to a certainty that the plaintiff would not be entitled to recover under any state of facts which could be proved in support of his claim. Conley v. Gibson, 355 U.S. 41, 78 S.Ct. 99, 2 L.Ed.2d 80 (1957); Webb v. Standard Oil Co., 414 F.2d 320 (5th Cir. 1969).

The plaintiff alleges several bases for jurisdiction some of which are obviously incorrect. 1 The plaintiff's main allegations, however, are based on 42 U.S.C. § 1983 and 42 U.S.C. § 1985(3) and their jurisdictional counterpart 28 U.S.C. § 1343. The plaintiff's principal argument with regards to these statutes is that he was denied certain rights guaranteed by the Fourteenth Amendment. To set forth a cause of action under the Fourteenth Amendment, it is necessary to allege that one's

Page 920

constitutional rights were infringed upon as a result of "state action" since the Fourteenth Amendment does not prevent invidious discrimination by private parties. Civil Rights Cases, 109 U.S. 3, 3 S.Ct. 18, 27 L.Ed. 835 (1883). The inquiry which must be made in this case, therefore, is whether there is a sufficiently close nexus between the state and the plaintiff's employer so that the actions of the latter may be fairly treated as that of the state itself. Jackson v. Metropolitan Edison Co.,419 U.S. 345, 351, 95 S.Ct. 449, 42 L.Ed.2d 477 (1974). We feel that there is such a nexus alleged in this case.

The plaintiff states he was employed by the defendant Harris County Community Action Association (HCCAA) in July of 1967 and was terminated December 28, 1973. He alleges that he was terminated because of racial and religious reasons. It is difficult to tell from the pleadings exactly what connection the HCCAA has with the local and state governments of Texas. The plaintiff contends that the HCCAA is an antipoverty agency for the Houston-Harris County area. The HCCAA is a private, non-profit corporation, allegedly created with the consent of county and city governments to perform the responsibilities of the state and local government. The HCCAA receives federal funds through grants from the Office of Economic Opportunity. These funds are not granted directly to the HCCAA, but rather are granted to the State of Texas which then distributes them to the various community action agencies. The plaintiff alleges that the Houston-Galveston Area Council, along with the Mayor of Houston or the Planned Variation Department of Houston, has to approve all funding requests of the HCCAA. According to the plaintiff, the law requires that four representatives from the mayor's office and four representatives from the county judge's...

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13 practice notes
  • Marshall v. Daniel Const. Co., Inc., No. 76-1465
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • November 21, 1977
    ...entitle him to relief." Conley v. Gibson, 355 U.S. 41, 45-46, 78 S.Ct. 99, 102, 2 L.Ed.2d 80 (1957); followed, e. g., Robinson v. Price, 553 F.2d 918, 919 (5th Cir. 1977). The Secretary issued regulation 1977.12(b) pursuant to his grant of authority to "prescribe such rules and regulations ......
  • Modaber v. Culpeper Memorial Hospital, Inc., No. 81-1550
    • United States
    • United States Courts of Appeals. United States Court of Appeals (4th Circuit)
    • March 24, 1982
    ...See Public Utilities Commission v. Pollack, 343 U.S. 451, 454-56, 72 S.Ct. 813, 816-17, 96 L.Ed. 1068 (1952). 15 See Robinson v. Price, 553 F.2d 918, 920 (5th Cir. 1977); see also, Fitzgerald v. Mountain Laurel Racing, Inc., 607 F.2d 589, 600 (3d Cir. 1979) (participation of state official ......
  • Wood v. Combustion Engineering, Inc., No. 78-2498
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • April 24, 1981
    ...Amended Complaint. This Court recognizes a very rigid standard with respect to the dismissal of actions. Recently, in Robinson v. Price, 553 F.2d 918, 919 (5th Cir. 1977), we reiterated that which we have said many times A motion to dismiss should not be granted unless it appears to a certa......
  • Hann v. Carson, No. 78-133-Civ-J-S.
    • United States
    • United States District Courts. 11th Circuit. United States District Court of Middle District of Florida
    • December 21, 1978
    ...state-authorized conduct of defendants Carson and Monroe. Cf. Hennessey v. NCAA, 564 F.2d 1136, 1144 (5th Cir. 1977); Robinson v. Price, 553 F.2d 918, 920 (5th Cir. 1977). Steeped in the official conduct of state law enforcement officers, and in the authority of municipal ordinances and a s......
  • Request a trial to view additional results
13 cases
  • Marshall v. Daniel Const. Co., Inc., No. 76-1465
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • November 21, 1977
    ...entitle him to relief." Conley v. Gibson, 355 U.S. 41, 45-46, 78 S.Ct. 99, 102, 2 L.Ed.2d 80 (1957); followed, e. g., Robinson v. Price, 553 F.2d 918, 919 (5th Cir. 1977). The Secretary issued regulation 1977.12(b) pursuant to his grant of authority to "prescribe such rules and regulations ......
  • Modaber v. Culpeper Memorial Hospital, Inc., No. 81-1550
    • United States
    • United States Courts of Appeals. United States Court of Appeals (4th Circuit)
    • March 24, 1982
    ...See Public Utilities Commission v. Pollack, 343 U.S. 451, 454-56, 72 S.Ct. 813, 816-17, 96 L.Ed. 1068 (1952). 15 See Robinson v. Price, 553 F.2d 918, 920 (5th Cir. 1977); see also, Fitzgerald v. Mountain Laurel Racing, Inc., 607 F.2d 589, 600 (3d Cir. 1979) (participation of state official ......
  • Wood v. Combustion Engineering, Inc., No. 78-2498
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • April 24, 1981
    ...Amended Complaint. This Court recognizes a very rigid standard with respect to the dismissal of actions. Recently, in Robinson v. Price, 553 F.2d 918, 919 (5th Cir. 1977), we reiterated that which we have said many times A motion to dismiss should not be granted unless it appears to a certa......
  • Hann v. Carson, No. 78-133-Civ-J-S.
    • United States
    • United States District Courts. 11th Circuit. United States District Court of Middle District of Florida
    • December 21, 1978
    ...state-authorized conduct of defendants Carson and Monroe. Cf. Hennessey v. NCAA, 564 F.2d 1136, 1144 (5th Cir. 1977); Robinson v. Price, 553 F.2d 918, 920 (5th Cir. 1977). Steeped in the official conduct of state law enforcement officers, and in the authority of municipal ordinances and a s......
  • Request a trial to view additional results

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