Perry v. Southeastern Boll Weevil Eradication Foundation, Inc.

154 F. App'x 467
CourtCourt of Appeals for the Sixth Circuit
DecidedFebruary 16, 2006
DocketNos. 04-5537, 04-5540, 04-5573
StatusPublished
Cited by23 cases

This text of 154 F. App'x 467 (Perry v. Southeastern Boll Weevil Eradication Foundation, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Perry v. Southeastern Boll Weevil Eradication Foundation, Inc., 154 F. App'x 467 (6th Cir. 2006).

Opinion

OPINION

COLE, Circuit Judge.

A group of Tennessee citizens sued the Southeastern Boll Weevil Eradication Foundation (“Southeastern”), the Tennessee Boll Weevil Eradication Foundation (“Tennessee Foundation”), and various flying services and their respective employees, for allegedly spraying the insecticide malathion on their persons and properties. The plaintiffs asserted a claim under 42 U.S.C. § 1983 for violations of the Fourth, Fifth, Ninth, and Fourteenth Amendments. The plaintiffs also asserted a claim under 42 U.S.C. § 1985, a claim for injunctive relief, and several state-law tort claims.

The defendants moved to dismiss for lack of subject matter jurisdiction, asserting that Southeastern and the Tennessee Foundation are arms of the federal and state governments respectively, and are therefore entitled to sovereign immunity. The defendants also moved to dismiss under Federal Rule of Civil Procedure 12(b)(6), alleging that the Perry plaintiffs failed to state a claim upon which relief can be granted. The district court denied the defendants’ first motion, finding that Southeastern and the Tennessee Foundation were not entitled to sovereign immunity. The district court, however, granted the second motion, finding that the plaintiffs’ complaint had not sufficiently alleged conduct to form the basis of their claims. The district court dismissed the case, declining to exercise supplemental jurisdiction over the plaintiffs’ state-law claims. The Perry plaintiffs appealed the district court’s dismissal of all the counts in their complaint, save their Ninth Amendment claim. The defendants cross-appealed the district court’s denial of their motion to dismiss for lack of jurisdiction on sovereign immunity grounds. For the following reasons, we AFFIRM the district court.

I. Background

Decades ago, the boll weevil beetle traveled to Tennessee where it began to wreak havoc on the state’s cotton plants. The boll weevil caused extreme economic losses for the cotton industry in Tennessee and elsewhere. In response, Tennessee declared the boll weevil “a public nuisance, a pest and a menace to the cotton industry.” Both the federal and Tennessee governments passed legislation authorizing a program for eradicating the boll weevil in infested areas. For the federal government’s part, the Department of Agriculture’s Animal and Plant Health Inspection Service was in charge of overseeing the program. For thé State of Tennessee, the Tennessee General Assembly enabled nonprofit corporations to be certified to engage in cooperative ventures within the state in its effort to eradicate the boll weevil.

Southeastern and the Tennessee Foundation were set up under the federal and state systems respectively to supervise the eradication of the boll weevil. The Tennessee Foundation was created, in part, to collect monetary assessments from the state’s cotton growers. Tenn.Code Ann. § 43-6-421. These funds are remitted to Southeastern to be used in the eradication program. The eradication program involved the spraying of malathion on cotton fields. Malathion is a popular insecticide and it is sprayed on cotton fields either by ground equipment or aerial spraying.

On July 30, 2001, the plaintiffs, approximately eighteen citizens of Western Tennessee, led by David Perry, filed a class action lawsuit against the officers, agents and employees of both Southeastern and the Tennessee Foundation, as well as the [471]*471flying services and pilots who sprayed malathion. The plaintiffs claimed that they suffered personal injuries as well as property damage as a result of the aerial spraying of malathion on their properties and on their persons. The plaintiffs sought compensation, punitive damages, and attorneys’ fees under 42 U.S.C. § 1988 based on the defendants’ alleged violations of the plaintiffs’ Fourth, Fifth, Eighth,1 Ninth,2 and Fourteenth Amendment rights. The plaintiffs also sought damages under 42 U.S.C. § 1985 for the defendants’ alleged conspiracy to deprive the plaintiffs of their constitutional rights. Finally, the plaintiffs alleged various state tort claims (false imprisonment, assault and battery, and trespass), and sought injunctive relief.

II. Analysis

1. Standard of Review

“We review de novo the legal question of whether [an entity] is entitled to sovereign immunity, Timmer v. Mich. Dep’t of Commerce, 104 F.3d 833, 836 (6th Cir.1997), but accept any pertinent factual findings by the district court unless they are clearly erroneous, Keller v. Cent. Bank of Nigeria, 277 F.3d 811, 815 (6th Cir.2002).” S.J. v. Hamilton County, 374 F.3d 416, 418 (6th Cir.2004).

This Court reviews de novo the district court’s dismissal of a claim under Federal Rule of Civil Procedure 12(b)(6). Michigan Paytel Joint Venture v. City of Detroit, 287 F.3d 527, 533 (6th Cir.2002). “In reviewing a motion to dismiss for failure to state a claim, we construe the complaint in the light most favorable to the plaintiffl] and determine whether the plaintiff[ ] undoubtedly can prove no set of facts in support of the claims that would entitle [him] to relief.” Id. While the Court should generally accept all of the plaintiff’s factual allegations as true, it need not make unwarranted factual inferences. Id. Although this standard of review is liberal, the “complaint must contain either direct or inferential allegations respecting all the material elements to sustain a recovery under some viable theory.” Andrews v. Ohio, 104 F.3d 803, 806 (6th Cir.1997) (citations omitted).

Plaintiffs argue that the Andrews standard is a “heightened pleading requirement” that has been forbidden by the Supreme Court in Swierkiewicz v. Sorema N.A., 534 U.S. 506, 122 S.Ct. 992, 152 L.Ed.2d 1 (2002). They contend that the district court improperly required the plaintiffs to establish a prima facie case with regard to every claim. Swierkiewicz is inapposite. In Swierkiewicz, the Court evaluated a complaint alleging discrimination based on national origin. 534 U.S. at 509, 122 S.Ct. 992. The Court held that in the discrimination context, it was not necessary for the claimant to allege all the elements of a prima facie case of inferential discrimination under McDonnell Douglas Corp. v. Green, 411 U.S. 792, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973), because the McDonnell Douglas test is merely one way of proving discrimination. 534 U.S. at 511, 122 S.Ct. 992. If, for example, the claimant had evidence of

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154 F. App'x 467, Counsel Stack Legal Research, https://law.counselstack.com/opinion/perry-v-southeastern-boll-weevil-eradication-foundation-inc-ca6-2006.