Nguyen v. Louisiana State Board of Cosmetology

227 F. Supp. 3d 615, 2016 U.S. Dist. LEXIS 174550, 2016 WL 7331564
CourtDistrict Court, M.D. Louisiana
DecidedDecember 16, 2016
DocketCIVIL ACTION NO.: 14-00080-BAJ-RLB
StatusPublished

This text of 227 F. Supp. 3d 615 (Nguyen v. Louisiana State Board of Cosmetology) is published on Counsel Stack Legal Research, covering District Court, M.D. Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Nguyen v. Louisiana State Board of Cosmetology, 227 F. Supp. 3d 615, 2016 U.S. Dist. LEXIS 174550, 2016 WL 7331564 (M.D. La. 2016).

Opinion

RULING AND ORDER

BRIAN A. JACKSON, CHIEF JUDGE

Before the Court are four Motions for Summary Judgment (Docs. 149, 151, 152, 156) filed by Defendant Celia R. Cangelosi. Defendant seeks summary judgment on the claims asserted by Thoa Nguyen d/b/a Exotic Nails, Hien Hoang d/b/a Magic Nails, Uan Pham d/b/a Elegant Nails #.2, and Mai Thi Nguyen d/b/a Nu Nails. Plaintiffs filed memoranda in opposition to the Motions, (see Docs. 155,157,159,166), and Defendant filed corresponding replies to those memoranda in opposition, (see Docs. 163,171,172,178). The Court has jurisdiction pursuant to 28 U.S.C. §§ 1331, 1367. Oral argument is not necessary. For the reasons explained herein, Defendant’s Motions for Summary Judgment (Docs. 149, 151, 152) pertaining to Plaintiffs Thoa Nguyen, Hien Hoang, and Uan Pham are GRANTED, but Defendant’s Motion for Summary Judgment (Doc. 156) pertaining to Plaintiff Mai Thi Nguyen is DENIED.

I. BACKGROUND1

This action was initiated on February 6, 2014, by nine nail-salon owners of Vietnamese and Asian heritage. The nine Plaintiffs sought injunctive relief and damages against the Louisiana State Board of Cosmetology (“LSBC”) and individuals associated with the LSBC, including Celia R. Cangelosi (“Cangelosi”), who serves as an attorney for the LSBC. Specifically, Plaintiffs alleged that they were “harassed, intimidated, falsely imprisoned, and arbitrarily discriminated against or racially profiled based on their race, ethnicity or national origin by the Louisiana State Board of Cosmetology and/or its agents.” (Doc. 1-1 at ¶ 5).2 Plaintiffs asserted claims of (1) racial discrimination in violation of 42 U.S.C. § 1983 and the Fourteenth Amendment to the United States Constitution and (2) false imprisonment.3

Through the course of these proceedings, the Court dismissed the claims against eighteen Defendants and the claims of five Plaintiffs. (See Docs. 62, 63, 146). In the instant Motion, Defendant Cangelosi seeks summary judgment on the claims of the four remaining Plaintiffs: [618]*618Thoa Nguyen, Hien Hoang, Uan Pham, and Mai Thi Nguyen (collectively, “Plaintiffs”). The facts relevant to,, each Plaintiff are detailed below.

A. THOA NGUYEN D/B/A EXOTIC NAILS

Thoa Nguyen (“T. Nguyen”) is the owner of the manicuring salon Exotic Nails in Lafayette, Louisiana. On July 19, 2013, LSBC inspectors Sherrie Stockstill (“Stockstill”) and Debra Ashmore (“Ash-more”) inspected Exotic Nails at the direction of Stockstill’s supervisor, Tywanda Spland.4 After the inspection, the inspectors noted four alleged violations on an Inspection Report and Notices of Violation that were issued.5 Some of the noted violations included the provision of services by unlicensed technicians and the presence of waxing equipment and supplies.6

The inspectors forwarded the Inspection Report and Notices of Violation to Cange-losi, whereafter Cangelosi would decide whether disciplinary proceedings were warranted. Cangelosi drafted Informal Hearing Letters and sent the Letters to the Executive Director of the LSBC,- Steven Young (“Director Young”).- Director Young signed the Letters and sent them to T. Nguyen on September 16, 2013.. The Informal Hearing Letters notified T. Nguyen that he had ten days to demonstrate compliance with the Louisiana Cosmetology Act and that should he fail to do so, the matter would be scheduled for a formal hearing. , ,

In February 2014, Cangelosi prepared formal charges to be brought against T. Nguyen pursuant to Louisiana Revised Statutes section 37:600. The charges were not finalized, however, due to the initiation of this action on February 6,2014.

B. HIEN HOANG D/B/A MAGIC NAILS

Hien Hoang (“Hoang”) is the owner of the manicuring salon Magic Nails in Prai-rieville, Louisiana. Magic Nails was inspected by the LSBC three times within a fourteen-month period.7 Stockstill conducted the first inspection on March 22, 2012. On the Inspection Report and Notice of Violation, Stockstill noted that the salon operated without a license and employed individuals without nail-technician licenses.8 The same day, the LSBC sent Hoang a Cease and Desist Order, which was signed by Director Young. Shortly thereafter, Cangelosi successfully negotiated a Consent Agreement with Hoang to resolve the alleged violations that were discovered during the first inspection.

Fopr months after the first inspection, Stockstill conducted a second inspection on August 8, 2012. Stockstill noted on the Inspection Report and Notice of Violation that an unlicensed nail technician was performing manicures,9 Upon receipt of the Inspection Report and Notice of Violation, Cangelosi drafted Informal Hearing Letters that were signed by Director Young and sent to Hoang on December 12, 2012. [619]*619The Informal Hearing Letters notified Hoang that he had ten days to demonstrate compliance with the Louisiana Cosmetology Act and that should he fail to do so, the matter would be scheduled for a formal hearing. After Hoang failed to respond, Cangelosi prepared Formal Hearing Letters, setting the matter for a formal hearing on July 1,2013.10

While the proceedings for the second inspection were pending. Stockstill—with the assistance of Margaret Keller (“Keller”), who also was an LSBC inspector— conducted a third inspection on May 3, 2013. On the Inspection Report and Notices of Violation, the inspectors noted the presence of waxing equipment and supplies in the salon and that “a girl performing a pedicure ... ran out the back door.”11 The inspectors forwarded the Inspection Report and Notices of Violation to Cangelosi, and she prepared Informal Hearing Letters that were signed by Director Young and were sent to Hoang on June 11, 2013.

On June 14, 2013, the alleged violations from the second and third inspections were consolidated into Amended Notices to Show Cause.12 Cangelosi and Hoang’s attorney negotiated proposed Consent Agreements to resolve all of the charges against Hoang listed in the Amended Notices to Show Cause. The Consent Agreements, however, were rejected at the LSBC hearing on August 5, 2013.

On August 16, 2013, Hoang received Formal Hearing Letters, Second Amended Notices to Show Cause, and Second Amended Administrative Complaints. These documents were prepared by Can-gelosi and signed by Director Young. At the LSBC hearing on October 7, 2013, the proposed Consent Agreements were formally accepted.

C. UAN PHAM D/B/A ELEGANT NAILS

Uan Pham (“Pham”) is the owner of the manicuring salon Elegant Nails # 2 in Lafayette, Louisiana. On August 28, 2013, Stockstill inspected the salon.13 On the Inspection Report and Notice of Violation, Stockstill noted the presence of waxing equipment and supplies in the salon.14 Stockstill forwarded the Inspection Report and Notice of Violation to Cangelosi, whereafter Cangelosi would decide whether disciplinary proceedings were warranted.

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Bluebook (online)
227 F. Supp. 3d 615, 2016 U.S. Dist. LEXIS 174550, 2016 WL 7331564, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nguyen-v-louisiana-state-board-of-cosmetology-lamd-2016.