Kenner Jackson v. Kathy Biedenharn

429 F. App'x 369
CourtCourt of Appeals for the Fifth Circuit
DecidedJune 20, 2011
Docket10-30909
StatusUnpublished
Cited by7 cases

This text of 429 F. App'x 369 (Kenner Jackson v. Kathy Biedenharn) 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
Kenner Jackson v. Kathy Biedenharn, 429 F. App'x 369 (5th Cir. 2011).

Opinion

*371 PER CURIAM: *

When he was nearing the end of a federal prison sentence, Plaintiff-Appellant Kenner Fitzgerald Jackson was transferred to the City of Faith halfway house in Shreveport, Louisiana. Later, Jackson, who is African American, sued four employees of the halfway house for discriminating against him on the basis of his race, asserting violations of 42 U.S.C. §§ 1981, 1982, 1985, and 1986. Specifically, he alleged that because of disciplinary charges he received, he was not permitted to leave the halfway house to work, even though a Caucasian resident who received similar charges was permitted to work outside of the halfway house. He also alleged that he was not permitted to leave for other purposes including to go to the doctor, the dentist, or the barber. Accordingly, he asserted, the halfway house employees interfered with his right to make and enforce contracts with potential employers, deprived him of income he would have received as a result of this employment, and conspired to deprive him of his constitutional rights, all because of his race. The district court granted summary judgment in favor of the halfway house employees, and Jackson appeals.

We review de novo a district court’s grant of summary judgment. Nickell v. Beau View of Biloxi L.L.C., 636 F.3d 752, 754 (5th Cir.2011). Summary judgment is proper if the evidence shows that there is no genuine dispute as to a material fact. Id. If the moving party meets this initial burden, then the burden shifts to the nonmovant to set forth specific evidence to support the claims; the nonmovant may not simply rest on the allegations in the complaint or on “conclusory allegations,” “unsubstantiated assertions,” or a mere “scintilla of evidence.” Duffie v. United States, 600 F.3d 362, 371 (5th Cir.), cert. denied, — U.S.—, 131 S.Ct. 355, 178 L.Ed.2d 149 (2010) (internal quotation marks and citation omitted). We view all facts and draw all inferences in the light most favorable to the party opposing summary judgment. Dillon v. Rogers, 596 F.3d 260, 266 (5th Cir.2010). However, we may affirm on any basis supported by the record. Mid-Continent Cas. Co. v. Bay Rock Operating Co., 614 F.3d 105, 110 (5th Cir.2010).

As relevant here, § 1981 prohibits interfering with an individual’s right to make or enforce a contract on the basis of race. Jackson does not allege that he entered into or attempted to enter into any contract with the halfway house employees; instead, he alleges that the employees interfered with his attempt to contract with third parties. We have expressed doubt whether § 1981 extends to an action against a party with whom the defendant has not contracted or sought to contract. Bellows v. Amoco Oil Co., 118 F.3d 268, 274 (5th Cir.1997). In any event, Jackson has not produced sufficient evidence that he lost any actual contract interest. See Morris v. Dillard Dep’t Stores, Inc., 277 F.3d 743, 751 (5th Cir.2001). Jackson points only to his own general, unsubstantiated assertions that he entered into or attempted to enter into contracts with two staffing agencies, but he fails to produce any evidence of, or even describe, terms or obligations under any contract or potential contract. At most, his allegations amount to a mere scintilla of evidence, insufficient to survive summary judgment. See Duffie, 600 F.3d at 371. Without any evidence of a tangible contract interest, any potential contract that he might have entered *372 into is at most prospective and speculative and thus cannot form the basis of a § 1981 claim. See Morris, 277 F.3d at 751.

To the extent that Jackson’s claim is based on an alleged contract with the halfway house, he cannot succeed. Even though Jackson signed numerous forms attesting that he understood and would abide by the halfway house’s rules and policies, none of these forms establish a commercial relationship between Jackson and the halfway house. In any event, Jackson does not explain how .the employees’ actions interfered with any rights he may have had under any agreement with the halfway house.

Section 1982 prohibits racial discrimination in inheriting, purchasing, leasing, selling, holding, and conveying “real and personal property.” Jackson argues that his rights to employment and to receive income from employment constitute “property” for purposes of § 1982. Regardless whether Jackson is correct, his claim fails. Unless a plaintiff establishes that a party or parties impaired his ability to enter into a contract for property under § 1981, he cannot establish a § 1982 claim for the deprivation of an interest in property. Morris v. Office Max, Inc., 89 F.3d 411, 414 (7th Cir.1996); see also Tillman v. Wheaton-Haven Recreation Ass’n Inc., 410 U.S. 431, 439-40, 93 S.Ct. 1090, 35 L.Ed.2d 403 (1973) (explaining that the language of §§ 1981 and 1982 stem from the same source and construing the two statutes together). Jackson simply has offered no evidence that the halfway house employees interfered with any property transaction.

Jackson fares no better on his claims under §§ 1985(3) and 1986. Section 1985(3) prohibits conspiracies to deprive a person of equal protection of the laws or of equal privileges and immunities under the laws on the basis of race. Griffin v. Breckenridge, 403 U.S. 88, 102-03, 91 S.Ct. 1790, 29 L.Ed.2d 338 (1971). Jackson cannot show that any of the defendants conspired or otherwise agreed to deprive him of his rights. Crowe v. Lucas, 595 F.2d 985, 993 (5th Cir.1979); see also Green v. State Bar of Tex., 27 F.3d 1083, 1089 (5th Cir.1994) (explaining that an “agreement among the parties” is a necessary element of a § 1985(3) claim).

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Bluebook (online)
429 F. App'x 369, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kenner-jackson-v-kathy-biedenharn-ca5-2011.