Hewlett v. Premier Salons International, Inc.

185 F.R.D. 211, 1997 U.S. Dist. LEXIS 23507, 1997 WL 1097754
CourtDistrict Court, D. Maryland
DecidedMay 1, 1997
DocketNo. Civ.A. DKC 96-2639
StatusPublished
Cited by43 cases

This text of 185 F.R.D. 211 (Hewlett v. Premier Salons International, Inc.) is published on Counsel Stack Legal Research, covering District Court, D. Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hewlett v. Premier Salons International, Inc., 185 F.R.D. 211, 1997 U.S. Dist. LEXIS 23507, 1997 WL 1097754 (D. Md. 1997).

Opinion

MEMORANDUM OPINION

CHASANOW, District Judge.

Plaintiff Elizabeth M. Hewlett, Esq. initiated this lawsuit against Defendant Premier Salons International, Inc. (“Premier”) after having been refused service, allegedly on the basis of her race (African-American), at a hair salon then operated by Premier at the Bloomingdale’s department store at the White Flint Mall in Kensington, Maryland. In her amended complaint, Plaintiff asserts claims against Premier for (1) violation of 42 U.S.C. § 1981; (2) violation of 42 U.S.C. § 1982; (3) violation of 42 U.S.C. § 2000a; (4) negligent hiring and placement; and (5) negligent training, supervision, and support.1 Ms. Hewlett, along with Roxanne Jenkins and Gary Butler, also African-Americans, seek to have certified and to represent the class of all African-Americans or persons of Haitian origin who might want service at a Premier salon or who have been refused any service at any Premier salon since December of 1993. Plaintiffs argue that class certification is appropriate under Federal Rule of Civil Procedure 23(b)(2) and/or (b)(3). For the reasons that follow, the court will certify the requested class under Rule 23(b)(2), for the purposes of seeking declaratory and in-junctive relief and class-wide punitive damages, at least with respect to Plaintiffs’ § 1981 claims.2 Certification under Rule 23(b)(3) will be denied, and claims for corn-[214]*214pensatory damages will not be treated on a class basis.

BACKGROUND

Defendant Premier Salons International, Inc. operates hair and skin salons nationwide, many of which are located in department stores and some of which are free standing. Since 1993, Premier has operated some 1200 salons; Premier currently operates approximately 550 salons located in all 50 states. Premier operates salons in at least ten different department store chains, and almost none of the salons has the word “Premier” in its name.

Ms. Hewlett alleges that on June 14, 1994, she went to the “Bloomingdale’s Hair & Skin Salon” in the Bloomingdale’s at White Flint Mall. According to Ms. Hewlett, she told an employee of the salon that she wanted to get a wash and blow dry, and perhaps a haircut. Ms. Hewlett alleges that she was told by that employee that she could not have her hair done there because she is “black and ha[s] black hair.” According to Ms. Hewlett, she was told that this was “policy,” and was referred to another salon located behind White Flint Mall.

Plaintiffs Jenkins and Butler allege that on or about August 28, 1994, they entered the salon at the White Flint Bloomingdale’s together and told an employee that they wished to have their hair washed, dried, and styled. According to Ms. Jenkins and Mr. Butler, they were told by the salon employee that “We do not deal with [their] type or texture of hair.”

Plaintiffs allege that Premier has a policy of discriminating against African-Americans and persons of Haitian origin (ie., persons with “black” hair) on the basis of race. Specifically, Plaintiffs point to Premier’s official “Policy on Equal Treatment for all Salon Clients,” which in essence instructs employees on how to deal tactfully with potential customers who request so-called “ethnic” services such as relaxers and “press and curl,” when no one is available at the salon to perform such services. According to Plaintiffs, all licensed hair stylists should be able to perform all types of services on all types of hair. Plaintiffs believe that Premier’s policy is discriminatory, because it allows the individual salons to turn “ethnic” customers away, either refusing to provide a particular service altogether, or referring the potential client to another salon where that service is available.

Plaintiffs seek a declaration that Premier’s policy is racially discriminatory in violation of federal law, and an injunction against future discrimination by Premier and its salons. Plaintiffs also seek punitive damages, and compensatory damages for the “economic loss, humiliation, embarrassment, emotional distress, and mental anguish” suffered by all of those who have been discriminated against in this manner by Premier. As stated above, Plaintiffs wish to proceed by means of a class action, and seek to have a class certified under Rule 23(b)(2) and/or (b)(3).

The original complaint in this case was filed on August 22, 1996, and received, according to Plaintiffs’ counsel, significant publicity. He and his law firm received numerous inquiries from patrons at hair salons who claimed to have been discriminated against. Except for the persons identified in Plaintiffs’ amended complaint and Plaintiffs’ motion for class certification, however, none of the other persons who contacted Plaintiffs’ counsel had sought service at a salon operated by Premier.

CLASS CERTIFICATION

Class certification is strictly a procedural matter, and the merits of the claims at stake are not to be considered when deciding whether to certify a class. Eisen v. Carlisle & Jacquelin, 417 U.S. 156, 177, 94 S.Ct. 2140, 40 L.Ed.2d 732 (1974). A class action determination is left to the sound discretion of the district court, and the court’s decision is reversible only for an abuse of discretion. See, e.g., Buford v. H & R Block, Inc., 168 F.R.D. 340, 346 (S.D.Ga.1996) (citing Jaffree v. Wallace, 705 F.2d 1526, 1536 (11th Cir.1983), cert. denied, 466 U.S. 926, 104 S.Ct. 1707, 80 L.Ed.2d 181 (1984)). Some courts have said that doubts regarding the propriety of class certification should be resolved in favor of certification. See Buford, 168 F.R.D. at 346 (citing 4 H. Newberg [215]*215& A. Conte, Newberg on Class Actions § 7540 (3d ed.1992); Esplin v. Hirschi, 402 F.2d 94, 99 (10th Cir.1968), cert. denied, 394 U.S. 928, 89 S.Ct. 1194, 22 L.Ed.2d 459 (1969); Brown v. Cameron-Brown Co., 92 F.R.D. 32, 49 (E.D.Va.1981)); see also Zapata v. IBP, Inc., 167 F.R.D. 147, 156 (D.Kan. 1996) (citing Esplin, 402 F.2d at 99); but see id. (noting that this statement is not to be read to limit unduly the discretion of the trial judge because discretion may well be the “key to a realistic administration of Rule 23, particularly with respect to a determination of the most fair and efficient procedure”) (quoting Wilcox v. Commerce Bank of Kansas City, 474 F.2d 336, 347 (10th Cir.1973)).

Certification under Rule 23 involves two steps. First, the proposed class action must satisfy the four prerequisites set forth in Rule 23(a). If those requirements are satisfied, the action must further qualify for one of the three categories of classes in Rule 23(b).

I. RULE 23(a) REQUIREMENTS

Before a class can be certified through one of the procedures of Rule 23(b), it must first satisfy several prerequisites: .

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185 F.R.D. 211, 1997 U.S. Dist. LEXIS 23507, 1997 WL 1097754, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hewlett-v-premier-salons-international-inc-mdd-1997.