Michael Woods v. City of Greensboro

855 F.3d 639, 97 Fed. R. Serv. 3d 1237, 2017 WL 1754898, 2017 U.S. App. LEXIS 8011
CourtCourt of Appeals for the Fourth Circuit
DecidedMay 5, 2017
Docket16-1044
StatusPublished
Cited by443 cases

This text of 855 F.3d 639 (Michael Woods v. City of Greensboro) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Michael Woods v. City of Greensboro, 855 F.3d 639, 97 Fed. R. Serv. 3d 1237, 2017 WL 1754898, 2017 U.S. App. LEXIS 8011 (4th Cir. 2017).

Opinions

DAVIS, Senior Circuit Judge:

Racial stigmas and stereotypes are not impairing unless we internalize them. And there is no reason for us to do that when we know that the history of black culture in America is rich and reaffirming. We may live in a society that will only grudgingly and inconsistently acknowledge our equality, but that does not mean that we must live as if we are victims. I understand that avoiding the effects of racial stigmas and stereotyping is not always easy because many studies have shown that most people harbor implicit biases and even well-intentioned people unknowingly act on racist attitudes. However, this merely confirms that we alone cannot carry the burden of ameliorating racism in our country. This responsibility must be assumed by all good people without regard to race, sex, and ethnicity.[1]

This appeal requires us to consider whether it is plausible to believe that, in twenty-first century America, a municipal government may seek to contract with a minority-owned enterprise under some conditions, yet, on account of race, avoid contracting with a minority-owned company under other conditions.

In April 2013, Black Network Television Ad Agency, LLC (“BNT”), a minority-owned television network, was granted and then subsequently denied a $300,000 economic development loan from the City of Greensboro, North Carolina (“the City”), prompting BNT to file this action asserting a claim, among others, for racial discrimination pursuant to 42 U.S.C. § 1981. The City argued, in support of its motion to dismiss the complaint for failure to state a claim upon which relief could be granted, that its willingness to grant BNT a loan fully secured by a second-position lien on the personal residence of BNT’s principals, notwithstanding its unwillingness to grant BNT a loan fully secured by a third-position lien on that residence, foreclosed a claim of race discrimination as a matter of law. BNT responded that, to the contrary, the City’s refusal to make the loan was based upon stereotypes about the risk of lending to a minority business and that, at the pleading stage, its allegations suggesting the pretextual character of the City’s explanation for the denial of the loan are sufficient to survive a motion to dismiss under Federal Rule of Civil Procedure 12(b)(6). The district court agreed with the City’s arguments, concluded that BNT’s [642]*642factual allegations were so insubstantial as to render its claim implausible, and therefore dismissed the complaint with prejudice.2

We hold that the district court’s crabbed plausibility analysis, see Woods v. City of Greensboro, No. 1:14CV767, 2015 WL 8668228, at *8 (M.D.N.C. Dec. 11, 2015), misinterpreted and misapplied the controlling pleading standard. The key issue in this case is not whether the City would contract with a minority-owned business, but whether the City would contract with BNT on the same conditions and under substantially the same circumstances as it would with a nonminority-owned business. Because BNT has plausibly pled that the conditions under which the City was willing to grant it a loan were more stringent than those the City applied to similarly situated white-owned applicants, we conclude that the district court erred in dismissing BNT’s claim of discrimination at the pleading stage. Accordingly, for the reasons explained within, we reverse the district court’s order dismissing this action and remand for further proceedings.

I.

A.

We begin by summarizing the cardinal facts surrounding BNT’s application for, and the City’s ultimate denial of, the economic development loan. (Additional factual allegations are discussed infra pp. 647-50.) Throughout, we consider as true all well-pleaded allegations in the complaint, matters of public record, and documents attached to the motion to dismiss that are integral to the complaint and of unquestioned authenticity. Philips v. Pitt Cty. Mem’l Hosp., 572 F.3d 176, 180 (4th Cir. 2009).

In April 2013, members of the City’s Economic and Business Development Office recommended that Michael and Ramona Woods (referred to by the parties, and hence herein, as “the Woods”) submit an application for a $300,000 ten-year economic development loan for their company, BNT, as part of the City’s economic development efforts. The Woods offered to secure the loan by way of a note and deed of trust to their home. On May 28, 2013, L.R. Appraisals, Inc., appraised the home at a value of $975,000.00 “resulting in equity well over the $300,000.00 loan, after consideration of all existing loans on the residence.” J.A. 14.3

Pursuant to Greensboro Code of Ordinances Section 4.55, the City may make economic development loans only after receiving authorization from its nine-member elected City Council. On June 18, 2013, at a regularly scheduled meeting, the City Council considered a Resolution authorizing the City to enter into a loan agreement with BNT. The Resolution, which was drafted by the Greensboro City Attorney’s office, stated that the City’s interest would be secured by “no more than a second lien” on the real property and improvements. J.A. 15. Assistant City Manager of Economic Development, Andy Scott, discussed with the City Council in open session the financial statements of the Woods and the collateral requirements of the proposed loan agreement and “stated [to the Council] that the City would be placed in the second loan position on the residence [643]*643being used as collateral.” J.A. 44. The City Council voted seven to two in favor of adopting Resolution 172-13, which authorized the City to enter into an agreement with BNT for the $300,000 loan. The Resolution provided the .following conditions:

WHEREAS, the borrower is required to confirm compliance with the following conditions prior to the City’s loan closing to protect the public funds invested in the project;
[[Image here]]
2) City will complete a title search confirming no additional liens are outstanding on the 5018 Carlson Dairy Road property that will secure the City’s loan beyond the first mortgage that is currently outstanding.
[[Image here]]
3) City will confirm that the first mortgage balance does not exceed $509,000.
[[Image here]]
8) City loan will be secured by a note and deed of trust with the City’s interest secured by no more than a 2nd lien on the real property and improvements located at 5018 Carlson Dairy Road.
[[Image here]]
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GREENSBORO: The City of Greensboro is hereby authorized to execute the necessary note and agreements with BNT Ad Agency LLC in accordance with the above terms and conditions.

J.A. 92-93.

As it turned out, in addition to a first mortgage, the Woods had a home equity line of credit on the property.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Fitzpatrick v. McKnight
S.D. West Virginia, 2025
RODRIGUEZ v. ALSCO UNIFORMS
M.D. North Carolina, 2025
Byrd v. Bacerra
District of Columbia, 2024
Gifford v. Burton
S.D. West Virginia, 2022
Smiley v. Ensystex II, Inc.
E.D. North Carolina, 2022
Charles Holloway v. State of Maryland
32 F.4th 293 (Fourth Circuit, 2022)
Haritha Nadendla v. WakeMed
24 F.4th 299 (Fourth Circuit, 2022)
Cox v. Raleigh General Hospital
S.D. West Virginia, 2022
Fields v. King
S.D. West Virginia, 2021
Dorsey v. Bolen
S.D. West Virginia, 2021
Washington v. Colbird
S.D. West Virginia, 2021
Bennett v. King
S.D. West Virginia, 2021

Cite This Page — Counsel Stack

Bluebook (online)
855 F.3d 639, 97 Fed. R. Serv. 3d 1237, 2017 WL 1754898, 2017 U.S. App. LEXIS 8011, Counsel Stack Legal Research, https://law.counselstack.com/opinion/michael-woods-v-city-of-greensboro-ca4-2017.