Barr v. Jefferson County Barber Commission

250 F. Supp. 3d 1245, 2017 WL 1488138, 2017 U.S. Dist. LEXIS 62368
CourtDistrict Court, N.D. Alabama
DecidedApril 25, 2017
DocketCase No.: 2:16-CV-1340-VEH
StatusPublished
Cited by3 cases

This text of 250 F. Supp. 3d 1245 (Barr v. Jefferson County Barber Commission) is published on Counsel Stack Legal Research, covering District Court, N.D. Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Barr v. Jefferson County Barber Commission, 250 F. Supp. 3d 1245, 2017 WL 1488138, 2017 U.S. Dist. LEXIS 62368 (N.D. Ala. 2017).

Opinion

MEMORANDUM OPINION AND ORDER

VIRGINIA EMERSON HOPKINS,United States District Judge

I. INTRODUCTION

Plaintiff Geta Barr (“Ms. Barr”) initiated this action on July 18, 2016, in the Circuit Court of Jefferson County, Alabama, alleging constitutional violations associated with the closure of her business and revocation and non-renewal of her business licenses. (Doc. 1-1). On August 17, 2016, this case was removed to federal court. (Doc. 1). On September 26, 2016, three defendants, the Jefferson County [1248]*1248Barber Commission (“JCBC”), Florence Johnson (“Ms. Johnson”), and Trina Pauld-ing (“Ms. Paulding”) (collectively and for the purposes of this opinion only, the “Defendants”), filed a Motion To Dismiss.1 (Doc. 4).

On September 27, 2016, Ms. Barr filed a Motion To Remand (doc. 7), to which the removing defendants responded on September 30, 2016 (doc. 9). The case was reassigned to the undersigned on November 14, 2016, and on November 18, 2016, this Court denied the Motion To Remand and ordered briefing on the Motion To Dismiss. Defendants responded on November 28, 2016 (doc. 20), and Ms. Barr replied on December 5, 2016 (doc. 22). The Motion To Dismiss is now under submission.

For the reasons stated herein, the Motion To Dismiss will be GRANTED IN PART and DENIED IN PART.

II. STANDARD2

A Rule 12(b)(6) motion attacks the legal sufficiency of the complaint. See Fed. R. Civ. P. 12(b)(6) (“[A] party may assert the following defenses by motion: (6) failure to state a claim upon which relief can be granted[.]”). The Federal Rules of Civil Procedure require only that the complaint provide “‘a short and plain statement of the claim’ that will give the defendant fair notice of what the plaintiffs claim is and the grounds upon which it rests.” Conley v. Gibson, 355 U.S. 41, 47, 78 S.Ct. 99, 103, 2 L.Ed.2d 80 (1957) (footnote omitted) (quoting Fed. R. Civ. P. 8(a)(2)), abrogated by Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 556, 127 S.Ct. 1955, 1965, 167 L.Ed.2d 929 (2007); see also Fed. R. Civ. P. 8(a) (setting forth general pleading requirements for a complaint including providing “a short and plain statement of the claim showing that the pleader is entitled to relief’).

While a plaintiff must provide the grounds of his entitlement to relief, Rule 8 does not mandate the inclusion of “detailed factual allegations” within a complaint. Twombly, 550 U.S. at 555, 127 S.Ct. at 1964 (quoting Conley, 355 U.S. at 47, 78 S.Ct. at 103). However, at the same time, “it demands more than an unadorned, the-defendant-unlawfully-harmed-me accusation.” Ashcroft v. Iqbal, 556 U.S. 662, 678, 129 S.Ct. 1937, 1949, 173 L.Ed.2d 868 (2009). “[0]nce a claim has been stated adequately, it may be supported by showing any set of facts consistent with the allegations in the complaint.” Twombly, 550 U.S. at 563, 127 S.Ct. at 1969.

“[A] court considering a motion to dismiss can choose to begin by identifying pleadings that, because they are no more than conclusions, aré not entitled to the assumption of truth.” Iqbal, 556 U.S. at 679, 129 S.Ct. at 1950. “While legal conclusions can provide the framework of a complaint, they must be supported by factual allegations.” Id. “When there are well-pleaded factual allegations, a court should assume their veracity and then determine whether they plausibly give rise to an entitlement to relief.” Id. (emphasis added). “Under Twombly’s, construction of Rule 8 [1249]*1249[a plaintiffs] complaint [must] ‘nudge[ ] [any] claims’ ... ‘across the line from conceivable to plausible.’ Ibid.” Iqbal, 556 U.S. at 680, 129 S.Ct. at 1950-51.

A claim is plausible on its face'“-when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the. misconduct alleged.” Iqbal, 556 U.S. at 678, 129 S.Ct. at 1949. “The plausibility standard is not akin to a ‘probability requirement,’ but it asks for more than a sheer possibility that a defendant has acted unlawfully.” Id. (quoting Twombly, 550 U.S. at 556, 127 S.Ct. at 1965).

III. FACTUAL ALLEGATIONS IN THE COMPLAINT ,

The following pertinent factual allegations appear as stated in the Complaint:

5. Plaintiff, Geta Barr, is an individual over the age of nineteen and [is a] resident citizen of Jefferson County, Alabama who at all times pertinent to this Complaint was the majority member of Maxi Tax Resource LLC d/b/a Barr Sisters Barber & Style Shop I and d/b/a Barr Sisters Barber & Style Shop II; and was a licensee of the Jefferson County Barber Commission licensed to operate a barber shop and work as a journey barber in Jefferson County, Alabama.
6. Defendant, the Jeffersori County Barber Commission, is a county governmental entity comprised of three elected Commissioners with the power and authority to promulgate and enforce reasonable rules of sanitation and reasonable regulations for the conduct of barbers and barber shops within the territorial limits of Jefferson County, Alabama,'
7. Defendant, Florence Johnson, is an individual over the age of nineteen and a resident citizen, of Jefferson County, Alabama who at all times pertinent to this complaint was a Commissioner and Chairman of the Jefferson County Barber Commission. This Defendant is sued in both her official capacity and in her individual -capacity.
8.Defendant, Trina Paulding, is an individual over the age of nineteen and a resident citizen of Jefferson County, Alabama who at all time pertinent to this complaint was an Inspector of the Jefferson County Barber Commission with the power and authority to arrest persons guilty of violating health and sanita-tions , laws or having violated the printed rules and adopted regulations of the Jefferson County Barber Commission. This Defendant is sued in both her official capacity and in her individual capacity.
14. Plaintiff, Geta Barr, (hereinafter BARR) originates from Kingston Jamaica and by trade is a hairstylist. After immigrating to the United States and spending a few years in Miami, Florida, working as a hair-stylist, BARR settled in Center Point, Alabama.
15. BARR obtained her cosmetology license from the Alabama State Board of Cosmetology as well as her journey barber and barber shop licenses from the Jefferson County Barber Commission. She also obtained] her. business license from the City of Center Point, and on or about February 10, 2009, Barr open[ed] a beauty salon / barber shop located at 1849 Center Point Parkway, Center Point, AL 35215, called Barr Sisters Barber &

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250 F. Supp. 3d 1245, 2017 WL 1488138, 2017 U.S. Dist. LEXIS 62368, Counsel Stack Legal Research, https://law.counselstack.com/opinion/barr-v-jefferson-county-barber-commission-alnd-2017.