Evans v. City of Talladega

136 F. Supp. 3d 1354, 2015 U.S. Dist. LEXIS 130001, 2015 WL 5675645
CourtDistrict Court, N.D. Alabama
DecidedSeptember 28, 2015
DocketCase No.: 1:13-cv-00705-MHH
StatusPublished

This text of 136 F. Supp. 3d 1354 (Evans v. City of Talladega) 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
Evans v. City of Talladega, 136 F. Supp. 3d 1354, 2015 U.S. Dist. LEXIS 130001, 2015 WL 5675645 (N.D. Ala. 2015).

Opinion

MEMORANDUM OPINION

MADELINE HUGHES HAIKALA, UNITED STATES DISTRICT JUDGE

Pursuant to Rule 56 of the Federal Rules of Civil Procedure, the City of Tal-ladega has asked the Court to enter judgment in its favor on the breach of contract and section 1983 claims that plaintiff Janet Evans has filed against the City. (Doc. 48). Ms. Evans’s claims relate to her effort's to launch a production of her.play NaRu at the Ritz Theatre, a historic landmark that the City owns. Initially, Ms. Evans contracted for her play to premiere at the theater in May 2012. Theater personnel rescheduled Ms. Evans’s production for August 2012 and then postponed the production again. Ms. Evans contends that the City, through the Ritz Theatre’s personnel, violated 42 U.S.C. § 1983 because the theater personnel discriminated against her by favoring a predominantly white production over her predominantly black production. Ms. Evans also contends that the City is liable for the Ritz Theatre’s breach of contract.

The City maintains that the allegedly discriminatory actions of the theater’s personnel do not subject the City to liability under section 1983 and, alternatively, that Ms. Evans has not provided evidence of discriminatory behavior. The City also argues that the theater’s personnel lacked the authority to enter into contracts on the City’s behalf. For the reasons stated below, the Court grants in part and denies--in part the City’s motion for summary judgment.

[1357]*1357I. STANDARDS OF REVIEW

A. Summary Judgment

. “The eourt shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed. R. Civ. P. 56(a). To demonstrate that there is a genuine dispute as to a material fact that precludes summary judgment, a party opposing a motion for summary judgment must cite “to particular parts of materials in the record, including depositions, documents, electronically stored information, affidavits or declarations, stipulations (including those made for purposes of the motion only), admissions, interrogatory answers, or other materials.” Fed. R. Civ. P. 56(c)(1)(A). When considering a summary judgment motion, the Court must view the evidence in the record and draw reasonable inferences in the light most favorable to the non-moving party. White v. Beltram Edge Tool Supply, Inc., 789 F.3d 1188, 1191 (11th Cir.2015). “The court need consider only the cited materials,, but it may consider other materials in the record.” Fed. R. Civ. P. 56(c)(3).

B. Motions to Strike

Both parties ask the Court to disregard some of the evidence in the summary judgment record. (Docs. 56, 57, 59). Under Federal Rule of Civil Procedure 56(c)(2), at the summary judgment stage, “[a] party may object that the material cited to support or dispute a fact cannot be presented in a fórm that would be admissible in evidence.” Fed. R. Civ. P. 56(c)(2). These objections function like trial objections, and “[t]he burden is on the proponent [of the evidence] to show that the material is admissible as presented or to explain the admissible form that is anticipated.” Fed. R. Civ. P. 56(c)(2) advisory committee’s note (2010 amendments). If the Court finds that summary judgment evidence will be available at trial in- an admissible form, then the Court may consider the evidence when deciding a summary judgment motion, even though the evidence is not in an admissible'form at the summary judgment stage. For example, “a district court may consider a hearsay statement in passing ón a motion for summary judgment if the statement could be reduced to admissible evidence at trial or reduced to admissible form.” Jones v. UPS Ground Freight, 683 F.3d 1283, 1293-94 (11th Cir.2012) (internal quotation marks omitted). A district court has broad discretion to determine at the summary judgment stage what evidence it will consider pursuant to Rule 56(c)(2). See Green v. City of Northport, 2014 WL 1338106, at *1 (N.D.Ala. March 31, 2014).

II. FACTUAL AND PROCEDURAL BACKGROUND

The City of Talladega owns the Ritz Theatre. (Doc. 55-1, p. 4). Each year, the Talladega City Council appropriates money to Talladega First, Inc. (“Talladega First”), á nonprofit organization, to operate the Ritz Theatre. (Docs. 55-1, p. 26; 55-12; p. 3).1 Talladega First entered into an express contract with the City to “take[ ] the lead role in organizing various community resources with the mission of developing, funding, operating and managing the Ritz Theatre.” (Doc. 52-1). Talladega First has a board of directors that sets the policy for the theater. (Doe. 55-1, p. 6). The board is comprised of local citizens, leaders of the community, volunteers, and repre[1358]*1358sentatives from different institutions in the community. (Doc. 55-1, p/6).

On October 29, 2011, Ms. Evans met with Gaib Montgomery to discuss leasing the Ritz Theatre for a production of Ms. Evans’s gospel play,. NaRu. (Doc. 55-2, p. 9).2 At the time, Ms.-Montgomery was not the Ritz Theatre’s manager, but- she oversaw the. theater’s operations while the theater tried to fill the management position. (Doc. 55-2,, p. 11), Ms. Evans and Ms. Montgomery executed and signed a written agreement stating that Ms. Evans would rent the Ritz Theatre for her -production on May 5, 2012 in exchange for $400.00. (Doc. 55-2, p. 12).. Ms. Evans paid $400.00 to the Ritz Theatre. (Doe. 55-2, p. 12). The agreement also stated that Ms. Evans’s group could come to'the theater on May 4, 2012 to set up for her May 5 production and that she would use the theater’s technicians at a rate of fifteen dollars iper hour. (Doc. 55-2, p. 12). Sometime in November 2011, Ms. Evans and Ms. Montgomery met again and agreed that Ms. Evans would rent the Ritz The-atre in October 2012 for a second production of Ms. Evans’s play. (Doc. 55-2, p, 13). On the same day, Ms. Evans paid another $400.00 to the Ritz Theatre. (Doc. 55-2, p. 13).

Also in November 2011, Talladega First hired George Culver to manage- the Ritz Theatre. (Doc. 55-1, p. 3). Talladega First employed Mr. Culver and paid Mr. Cul-ver’s salary. (Doc. 55-1, p. 12). -

In February 2012, Ms. Evans spoke on the telephone with Mr. Culver and told Mr. Culver that NaRu was scheduled for production at the Ritz Theatre on May 5, 2012. (Doc. 55-2, p. 15). Mr. Culver told Ms.

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Bluebook (online)
136 F. Supp. 3d 1354, 2015 U.S. Dist. LEXIS 130001, 2015 WL 5675645, Counsel Stack Legal Research, https://law.counselstack.com/opinion/evans-v-city-of-talladega-alnd-2015.