Mitchell v. Crescent River Port Pilots Ass'n

515 F.Supp.2d 666

Michael R. MITCHELL v. CRESCENT RIVER PORT PILOTS ASSOCIATION, et al.

Civil Action No. 06-3746.

United States District Court, E.D. Louisiana.

June 1, 2007.

COPYRIGHT MATERIAL OMITTED

Victor Roma Farrugia, Victor R. Farrugia, Attorney at Law, New Orleans, LA, for Michael R. Mitchell,

Peter J. Butler, Jr., Richard G. Passler, Breazeale, Sachse & Wilson, New Orleans, LA, for Crescent River Port Pilots Association and Allen J. Gibbs in his Individual and Personal Capacity.

Robert J. David, Jr., Michelle K. Buford, Juneau Law Firm, Lafayette, LA, Michael R. Delesdernier, Michael Delesdernier, Attorney at. Law, Metairie, LA, for Board of River Port Pilots Commissioners for the Port of New Orleans, Jack H. Anderson in his Individual and Personal Capacity, Craig Andrews in his Individual and Personal Capacity and James E. Cramond Incorrectly Named James E. Crammond.

E. John Litchfield, Carey Buckland Daste, Berrigan, Litchfield, Schonekas, Mann & Traina, and Bolner, New Orleans, LA, for Donald J. Short in his Individual and Personal Capacity and Scott A. Loga in his Individual and Personal Capacity.

ORDER AND REASONS

SARAH S. VANCE, District Judge.

Before the Court are defendants' motions to dismiss under Rule 12(b)(6) of the Federal Rules of Civil Procedure. For the following reasons, the Court GRANTS defendants' motions.

I. BACKGROUND

This lawsuit arises from the attempts of plaintiff Michael R. Mitchell, an African-American man, to qualify for commission as a river port pilot. Mitchell alleges that, since 2001, he has been continuously denied the opportunity to fairly compete for a state appointment based on the discriminatory and unlawful practices of the named defendants in this matter.¹ More particularly, Mitchell asserts that the defendants, Allen J. Gibbs, Jack H. Anderson, Donald J. Short, Scott A. Loga, Craig Andrews, James E. Crammond, Crescent River Port Pilots Association, and State of Louisiana Board of River Port Pilots Commissioners, discriminated against him on account of his race in violation of 42 U.S.C. §§ 1981, 1983, and 1985, as well as the 14th Amendment of the United States Constitution and Article I of the Louisiana Constitution. Mitchell further claims that Gibbs, Anderson, Short, Loga, Andrews, and Crammond violated 42 U.S.C. § 1986. Mitchell seeks compensatory and punitive damages, declaratory and injunctive relief, and reasonable attorney's fees and costs. The named defendants now move to dismiss all of plaintiff's racial discrimination claims under Rule 12(b)(6) through three separate motions. Additionally, Gibbs and the Crescent River Port Pilots Association move to dismiss plaintiffs claims under Section 1983 because neither party is a "state actor" as contemplated by the statute.

II. LEGAL STANDARD

Motions to dismiss under Federal Rule of Civil Procedure 12(b)(6) are traditionally viewed with disfavor and are infrequently granted. Test Masters Educ. Servs., Inc. v. Singh, 428 F.3d 559, 570 (5th Cir.2005) (citing Shipp v. McMahon, 199 F.3d 256, 260 (5th Cir.2000)). On a motion to dismiss, the court must accept all well-pleaded facts in the complaint as true and view those facts in the light most favorable to the plaintiff. See Baker v. Putnal, 75 F.3d 190, 196 (5th Cir.1996); Am. Waste & Pollution Control Co. v. Browning-Ferris, Inc., 949 F.2d 1384, 1386 (5th Cir.1991). The court must resolve doubts as to the sufficiency of the claim in the plaintiffs favor. Vulcan Materials Co. v. City of Tehuacana, 238 F.3d 382, 387 (5th Cir. 2001). The court need not, however, "`strain to find inferences favorable to the plaintiffs.'" Southland Sec. Corp. v. ISpire Ins. Solutions Inc., 365 F.3d 353, 361 (5th Cir.2004) (quoting Westfall v. Miller, 77 F.3d 868, 870 (5th Cir.1996)). Nor will it accept "conclusory allegations, unwarranted deductions, or legal conclusions." Id.; see also Fin. Acquisition Partners LP v. Blackwell, 440 F.3d 278, 286 (5th Cir.2006) ("[T]he plaintiff must plead specific facts, not conclusory allegations, to avoid dismissal.").

III. DISCUSSION

Four motions to dismiss plaintiff's claims are currently pending before the Court. They are: a motion to dismiss for failure to state a claim by defendants Short and Loga (R. Doc. 52); a motion to dismiss for failure to state a claim by defendants Anderson, Andrews, Crammond, and State of Louisiana Board of River Port Pilots Commissioners (R. Doe. 51); and two motions to dismiss for failure to state a claim by defendant Crescent River Port Pilots Association and Gibbs (R. Docs.49, 50). Because each of these motions pertains to the same set of allegations made by plaintiff in his supplemental and amended complaint, the Court now briefly reviews these allegations, accepting the well-pleaded facts as true for purposes of these motions.

A Plaintiff's Allegations

Mitchell, a New Orleans resident, has been a first class pilot of passenger vessels since 1996. Mitchell alleges that, since 2001, he has continuously applied for, and has been denied, admission to the apprenticeship program that is a requirement to become a river port pilot. Under Louisiana law, river port pilots

have the exclusive right to pilot vessels on the Mississippi River between New Orleans, Louisiana and Pilottown, Louisiana and within the Port of New Orleans between Southport and Mereauxville; within the Industrial Canal, between the Mississippi River to and including Lake Pontchartrain; within the Intracoastal Canal, between the Industrial Canal and the turning basin at Michoud, inclusive; also for the Mississippi River Gulf Outlet between the Industrial Canal and Mile 28.3, the Gulf Intracoastal Waterway from the Louisiana-Mississippi state line to the Mississippi River Gulf Outlet, including Michoud Slip and Michoud Canal, Chef Pass, Algiers Cutoff, and the Harvey Canal; the Venice Jump within six and one-half miles of the Mississippi River; Bayou Savage; and Bayou Liberty.

La.Rev.Stat. § 34:996. The governor of Louisiana appoints and commissions river port pilots, see La.Rev.Stat. § 34:992, after they satisfy the conditions set forth in La.Rev.Stat. § 34:993. Under that provision:

Whenever there exists a necessity for more pilots as determined by the river port pilots, the Board of River Port Pilot Commissioners shall hold examinations under such rules and regulations and such requirements as they shall have provided, with the governor's approval; however, no applicant shall be considered by the hoard unless he submits proper evidence of moral character and is a voter of this state, and shall have completed an approved apprenticeship program within the geographic area affected by this Subpart. The Board of River Port Pilot Commissioners shall issue a certificate to the governor that the applicant has satisfied the requirements of this Subpart. The governor may then, in his discretion, appoint said applicant to existing vacancies.

La.Rev.Stat. § 34:993 (emphasis added).

Mitchell contends that his ultimately unfruitful efforts to become a river port pilot began in November 2001. At that time, Mitchell spoke with defendant Allen J. Gibbs, who is a river port pilot and has been president of the Crescent River Port Pilots Association since at least 2001.² Gibbs informed Mitchell in November 2001 to apply with the Association to become a river port pilot. On November 27, 2001, defendant Jack H. Anderson, a river port pilot and the president of the Board of River Port Pilots Commissioners for the Port of New Orleans³ since at least 2001, told Mitchell that he did not meet certain requirements to stand as a candidate to become a river port pilot. Specifically, Mitchell did not hold a pilot's license for designated portions of the Mississippi River. Seeking to meet these requirements, Mitchell asked Gibbs in December 2001 for permission to ride aboard piloted ships so that he could obtain his pilot's license for the necessary portions of the Mississippi River. Gibbs responded that the Association did not allow riders at that time and suggested that Mitchell try again in early 2002.

On January 3, 2002, Mitchell reurged his request of Gibbs that he be given permission to ride aboard piloted ships. Mitchell also informed Gibbs at this time that three river port pilots, Brian Falgout, Mark Grusich, and Billy Vogt, would permit Mitchell to ride with them. Gibbs responded that no riders were allowed for insurance reasons. He also told Mitchell that he would ask the Association at its next meeting, which was scheduled on either January 24 or 25, 2002, if it would allow Mitchell to ride with the three river port pilots who had indicated their interest in such an arrangement. Gibbs never responded to Mitchell during February and March of 2002 about whether he could ride with the three river port pilots, despite Mitchell's weekly phone calls to Gibbs. On April 12, 2002, Mitchell wrote Gibbs to inform him again that he knew of several river port pilots who would allow Mitchell to ride with them, but only if Gibbs gave his approval. Gibbs allegedly never did so. As a result, these pilots ultimately did not permit Mitchell to ride with them.

In May 2002, Gibbs informed Mitchell that the Association was drafting a waiver of liability form that river port pilots would have to sign before Mitchell could ride with them. Since he did not receive this purported waiver form from the Association for several months, Mitchell submitted an indemnity agreement to the Association in August 2002 that had been drafted by his attorney. In response, Gibbs told Mitchell that the proposed indemnity agreement was unsatisfactory. Additionally, Gibbs informed Mitchell that the Association could not grant permission to ride on a ship piloted by a river port pilot. In September 2002, Mark Grusich, one of the pilots who had initially expressed his willingness to allow Mitchell to ride with him, told Mitchell that he would no longer be able to do so because of the...