Davis v. Robert

192 F. Supp. 3d 847, 2016 WL 3541227, 2016 U.S. Dist. LEXIS 84069
CourtDistrict Court, E.D. Michigan
DecidedJune 29, 2016
DocketCivil Action No. 15-CV-12076
StatusPublished
Cited by4 cases

This text of 192 F. Supp. 3d 847 (Davis v. Robert) is published on Counsel Stack Legal Research, covering District Court, E.D. Michigan primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Davis v. Robert, 192 F. Supp. 3d 847, 2016 WL 3541227, 2016 U.S. Dist. LEXIS 84069 (E.D. Mich. 2016).

Opinion

OPINION AND ORDER (1) GRANTING IN PART AND DENYING IN PART DEFENDANT HALL’S MOTION TO DISMISS (Dkt. 29) and (2) GRANTING IN PART AND DENYING IN PART PLAINTIFF’S MOTION FOR LEAVE TO FILE A SECOND AMENDED COMPLAINT (Dkt. 41)

MARK A. GOLDSMITH, United States District Judge

Plaintiff Robert Trevor-Blair Davis, Sr., brought this lawsuit under' 42 U.S.C. § 1983 against two municipal officials alleging various Violations of his constitutional rights. In support of his claims against Defendant Suzanne T. Hall, Plaintiff alleges she. took several actions purportedly in .retaliation for Plaintiffs public activism against her and the public agency on whose board she sits, the Wayne County Airport Authority (“WCAA”), which Plaintiff contends were in violation of his First Amendment rights. While Plaintiff identifies three discrete actions taken by Hall that were allegedly retaliatory and unconstitutional, the Court concludes that two of those actions were not taken under color of state law, and therefore cannot state a claim for unconstitutional retaliatory behavior. As to the third action, however, Plaintiff has pleaded sufficient facts to permit an inference that Hall was acting with indicia of state authority, in addition to facts that set forth a plausible claim for relief. Moreover, because the Sixth Circuit has addressed the right at stake in Plaintiffs surviving claim before Hall’s allegedly wrongful acts, she is not entitled to [852]*852qualified immunity. Accordingly, Hall’s motion to dismiss is granted in part and denied in part. As explained below, the Court also grants in part and denies in part Plaintiffs motion for leave to file a second amended complaint.

I. BACKGROUND

Plaintiff is a former elected member of the Highland Park Board of Education, and also a self-described “union and community activist,” previously employed as a union staff representative with Michigan’s American Federation of State, County and Municipal Employees (“AFSCME”) Council 25. First Am. Compl. ¶¶ 14, 19 (Dkt. 21). Hall is, and was at all relevant times, a member of the Wayne County Airport Authority Board (“the Board”), and at certain times served as chair of the Board. Id. ¶ 16. In 2011, Plaintiff filed a lawsuit against the WCAA, the Board, and Hall for violations of Michigan’s Open Meetings Act, in connection with the hiring of Tur-kia Mullin, former CEO for the WCAA. Id. ¶106. With the lawsuit garnering media attention, Plaintiff gave several media interviews criticizing Hall for her actions in the hiring process. Id. ¶¶ 107-108.

After the filing of that lawsuit, Plaintiff was indicted, in 2012, on various federal charges relating to alleged misconduct while Plaintiff was serving on the Highland Park Board of Education, as well as for false tax filings. Id. ¶¶ 17-18. Plaintiff acknowledges that his indictment was widely publicized. Id. If 20. Notwithstanding the indictment, Plaintiff remained employed with AFSCME Council 25. Id. ¶19. Indeed, Plaintiff was selected by AFSCME Council 25 President A1 Garrett to represent the AFSCME at a June 2012 Harvard University program entitled “Senior Executives in State and Local Government,” (“the Harvard program”), and was also appointed lead negotiator for Wayne County Airport Authority Local 953 (“Local 953”). Id, ¶¶ 20-21. In September 2014, Plaintiff pleaded guilty to two federal charges, and, shortly thereafter, was terminated from his position with AFSCME Council 25. Id. ¶¶ 19, 22.

Against this basic background, Plaintiff alleges three discrete instances of unlawful retaliation by Hall, mostly in response to Plaintiffs 2011 lawsuit and his subsequent public criticism of Hall.

First, Plaintiff alleges that Hall succeeded in engineering Plaintiffs removal from the Harvard program. Id. ¶ 121; PI. Resp. to Def. Hall Mot. at 14 (Dkt. 30). According to the complaint, Plaintiff and Hall attended the Harvard program at the same time. First Am. Compl. ¶ 110. During the first day of the program, Plaintiff introduced himself as a union activist and described some of the lawsuits he had filed that were successful at exposing unlawful public action or corruption; during that introduction, Plaintiff specifically identified Hall as one such state official he had exposed. Id. ¶ 112. During her own introduction, Hall described Plaintiff as both a nuisance and a filer of frivolous lawsuits. Id. ¶ 113. Plaintiff further alleges that during a group evening outing Hall “declared that she was going to get Plaintiff Davis ‘kicked out’ of the Harvard [] program.” Id. ¶ 115. The next day, the program director informed Plaintiff that he had learned of Plaintiffs indictment through an unnamed participant. Id. 11117. While Plaintiff maintained to the director that the program sponsors and organizers had been aware of the indictment prior to Plaintiffs arrival, the director informed Plaintiff that he would need to leave the Harvard program. Id. ¶¶ 117-118. Plaintiff states that he learned of Hall’s involvement in this removal by way of a local reporter, who told Plaintiff that “he had received a tip from Defendant Hall regarding Plaintiff Davis’[s] departure from the Harvard [ ] program.” Jd. ¶ 119. A brief [853]*853story on the same ran thereafter. Id, ¶ 120. Plaintiff avers that he “was caused great embarrassment, personal humiliation, impairment of reputation, mental anguish and suffering as a result of Defendant Hall’s retaliatory actions.” Id.

Second, Plaintiff alleges that Hall '“harassed Plaintiff Davis by stating in front of other elected and appointed officials attending [a 2014 golf outing in support of the Wayne County Sheriff], that Plaintiff Davis owed Defendant Hall $50,000.” Id ¶ 122; PI. Resp. to Def. Hall Mot. at 14.

Third, Plaintiff alleges that Hall attempted to have Plaintiff removed as the staff representative for Local 958. PL Resp. to Def. Hall Mot. at 14; First Am. Compl. ¶¶ 128-126. Specifically, Plaintiff contends that Hall approached individual union members in an effort to have them request Plaintiffs removal from the staff representative position. First Am. Compl. ¶ 124. Plaintiff avers that Hall’s actions “nearly cost Plaintiff Davis his employment with AFSCME Council 25,” and that President Garrett convened, a meeting specifically to discuss whether Plaintiff would be retained in his position. Id. ¶ 125.

II. STANDARD OF DECISION

When presented with a motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6), courts are obliged to construe the complaint in the light most favorable to the plaintiff and accept all well-pled factual allegations as true in determining whether the complaint states a plausible claim for relief. Albrecht v. Treon, 617 F.3d 890, 893 (6th Cir.2010). The plaintiff must provide the grounds for his entitlement to relief, which necessarily requires more than labels and conclusions or a formulaic recitation of the elements that comprise a cause of action. Id. Moreover, courts are not bound to accept legal conclusions as true, even when presented as a factual allegation. Ashcroft v. Iqbal, 556 U.S. 662, 678, 129 S.Ct. 1937,. 173 L.Ed.2d 868 (2009). “[0]nly a complaint that states- a plausible claim for relief survives a motion to dismiss.” Id. at 679, 129 S.Ct. 1937.

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Cite This Page — Counsel Stack

Bluebook (online)
192 F. Supp. 3d 847, 2016 WL 3541227, 2016 U.S. Dist. LEXIS 84069, Counsel Stack Legal Research, https://law.counselstack.com/opinion/davis-v-robert-mied-2016.