Cripps v. Louisiana Department of Agriculture & Forestry

819 F.3d 221, 2016 WL 1397748
CourtCourt of Appeals for the Fifth Circuit
DecidedApril 8, 2016
Docket15-30524
StatusPublished
Cited by30 cases

This text of 819 F.3d 221 (Cripps v. Louisiana Department of Agriculture & Forestry) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cripps v. Louisiana Department of Agriculture & Forestry, 819 F.3d 221, 2016 WL 1397748 (5th Cir. 2016).

Opinion

*225 CARL E. STEWART, Chief Judge:-

In the years following hearings before the Louisiana' Department of Agriculture and Forestry (“LDAF” or the “Commission”) for violations of Louisiana’s Pest Control Laws, Plaintiffs Michael, David, and Willie Cripps filed this 42 U.S.C. § 1983 suit against Defendants LDAF and LDAF’s .Assistant Director David Fields (“Fields”), in his individual capacity. Plaintiffs contend that (1) Defendants retaliated against them for complaining before the Commission and others in violation of the First Amendment and Louisiana Constitution Art. I, § 7; (2) Defendants violated Plaintiffs’ substantive. due process rights under both the Fourteenth Amendment and Louisiana Constitution Art.' I, § 2, following administrative rulings by the Commission that curtailed Plaintiffs’ ability to continue their profession; and (3) the Commission imposed excessive fines on Plaintiffs in violation of both the Eighth Amendment and Louisiana Constitution Art. I, § 20. Plaintiffs also argue that the district court erred in finding Fields’ entitled to qualified immunity. Following rulings in favor of Defendants on summary judgment, Plaintiffs appealed. We AFFIRM.

I. Facts

A. The Louisiana Department of Agriculture and Forestry

The Louisiana Structural Pest. Control Commission was created within the Louisiana Department of Agriculture and Forestry by the Louisiana Pest Control Law. La. Stat. Ann. § 3:3363. The purpose of the Commission is to adopt and implement rules and regulations that protect the interests, health, .safety, and welfare of the public. La. Stat. Ann. § 3:3366. The Commission is made up of five members: a quorum of 'three members, and the votes of three members are required to take any action. La. Stat. Ann. § 3:3363(D). The Commission members select the Director and Assistant Director of the Commission, “subject to the approval of the commissioner.” La. Stat. Ann. § 3:3364(B). In addition to imposing civil penalties for violations of the Pest Control Laws, La. Stat. Ann. § 3:3371, the ■ Commission may issue subpoenas for the production of records and for the attendance of witnesses at Commission hearings, La. Stat. Ann. § 3:3365(E)(1). Commission employees have statutory access only to “premises where there is reason to believe that structural pest control work is being conducted for the purpose of sampling pesticides and inspecting and observing the application of any pesticide,” but “only during reasonable hours and’only upon presentation of proper credentials.” La. Stat. Ann. § 3:3365(C).

B. ■ Michael and David Cripps

Michael and David Cripps are brothers who worked in the pest control industry for numerous years. David Cripps operated the business Innovative Pest Management, and Michael Cripps was his employee. Between 1999 and 2000, David Fields, then Assistant Director for Environmental and Pesticide Programs at LDAF, notified Michael and David Cripps that each would be fined for having committed multiple violations of the LDAF Structural Pest Control. Lawl 1 The Commission entered into a stipulation in which neither Michael nor David Cripps admitted or denied the Commission’s allegations but agreed to a *226 civil fine. Pursuant to the stipulations, Michael Cripps was fined $5,000, with $4,000 being suspended, and David Cripps was fined $17,000,. with $12,000 being suspended. Individually, Michael Cripps was responsible., for $1,000 and David Cripps for $5,000. Neither paid the fines.

On May 25, 2000, the LDAF mailed David Cripps a letter requesting that he remit payment for his prior fine- or additional sanctions could result. The Commission informed David Cripps- of its . intent to bring charges against him for failing to pay the stipulated- fine and scheduled a hearing to allow David Cripps the opportunity to address the Commission in response to the charges. Despite David Cripps’ testimony, the Commission imposed a penalty of $5,000 following the hearing. The Commission agreed-to suspend $4,000 of the penalty pending David Cripps’, payment of the past due fine. . David Cripps did not pay his 1999 or 2000 fines and was notified via letter that his license would be suspended effective August 7, 2001.

On September 1, 2000, - Michael Cripps similarly received notice of his alleged violation of the Structural Pest Control Law for failing to pay a fine previously imposed in 2000 for paperwork violations. 2 Michael Cripps did not attend an adjudicatory hearing set by the Commission for October 4, 2000. On October 31, 2000, due to Michael Cripps’ failure to pay the requisite amount, the Commission increased the fine to $10,000, pursuant to La. State. Ann. § 3:72(.C)(3)(e), and required full payment within 30 days.

Several years later, in 2011, Michael Cripps sought recertification from the LDAF as a condition of employment with the company Terminix. Fields mailed Michael Cripps a letter denying-his registration request because of his previous violations of the Structural Pest Control Law. Fields informed Michael Cripps that he would have an opportunity to* discuss his registration as a pest control employed at a hearing before the Commission.

In order to rebut the Commission’s assertions that there was a violation of the law, on August 3, 2011, Michael appeared at a hearing in order to reinstate both his license and that of David Cripps. 3 Michael Cripps detailed the numerous ways in which he believed Fields’ conduct was wrongful. A Commission member proposed an initial motion, to deny Michael Cripps and David Cripps’' licenses unless payment of the full balance with interest was made. A substitute motion was then made, which applied only to Michael Cripps. The Commission voted unanimously to deny Michael Cripps’ license until he paid the levied fines and appeared before the Commission. 4

*227 Because the Commission did not approve his registration, Michael Cripps was unable to do business as a salesperson for any pest control company. Michael and David Cripps filed suit against Defendants as a result, asserting Section 1983 claims under the .First, Eighth, and Fourteenth Amendments.

C. Willie Cripps

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Bluebook (online)
819 F.3d 221, 2016 WL 1397748, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cripps-v-louisiana-department-of-agriculture-forestry-ca5-2016.