Young v. City Of Mobile et al
Filing
62
ORDER granting 46 City's Motion to Strike and judgment as a matter of law is entered as to Young's claims for punitive damages against the City of Mobile. Signed by Judge Kristi K. DuBose on 6/17/2014. (cmj)
IN
THE
UNITED
STATES
DISTRICT
COURT
FOR
THE
SOUTHERN
DISTRICT
OF
ALABAMA
SOUTHERN
DIVISION
JERONE
YOUNG,
)
)
Plaintiff,
)
)
v.
)
CIVIL
ACTION
NO.
13-‐0586-‐KD-‐B
)
CITY
OF
MOBILE,
et
al,
)
)
Defendants.
)
ORDER
This
action
is
before
the
Court
on
the
motion
to
strike
claim
for
punitive
damages
filed
by
the
City
of
Mobile,
Alabama
(doc.
46)
and
the
motion
to
voluntarily
strike
punitive
damages
filed
in
response
by
plaintiff
Jerone
Young
(doc.
61).
Defendant
City
of
Mobile
moves
to
strike
Young’s
punitive
damages
claims
against
the
City.
In
response,
Young
filed
a
motion
to
voluntarily
strike
his
punitive
damages
claims
stating
that
he
had
considered
the
City’s
position
and
found
it
well
taken.
Rule
12(f)
of
the
Federal
Rules
of
Civil
Procedure
governs
motions
to
strike.
The
Rule
provides
as
follows:
(f)
Motion
to
Strike.
The
court
may
strike
from
a
pleading
an
insufficient
defense
or
any
redundant,
immaterial,
impertinent,
or
scandalous
matter.
The
court
may
act:
(1)
on
its
own;
or
(2)
on
motion
made
by
a
party
either
before
responding
to
the
pleading
or,
if
a
response
is
not
allowed,
within
21
days
after
being
served
with
the
pleading.
Fed.
R.
Civ.
P.
12(f).
The
City
has
filed
an
answer
to
the
complaint
(doc.
22).
Therefore,
Rule
12(f)(2)
does
not
apply
since
the
motion
to
strike
was
not
made
before
responding
to
the
complaint.
Rule
12(f)(1)
provides
that
the
Court
may
act
on
its
own
to
strike
“an
insufficient
defense
or
any,
redundant,
immaterial,
impertinent,
or
scandalous
matter.”
Id.
However,
Young’s
claim
for
punitive
damages
is
not
“an
insufficient
defense”
nor
is
it
“redundant,
immaterial,
impertinent
or
scandalous.”
Id.
Had
the
City
not
filed
an
answer,
the
Court
could
construe
the
motion
as
one
pursuant
to
Rule
12(b)(6)
for
failure
to
state
a
claim
upon
which
relief
can
be
granted.
But
under
Rule
12(b)(6),
“[a]
motion
asserting”
this
defense
“must
be
made
before
pleading
if
a
responsive
pleading
is
allowed.”
Fed.
R.
Civ.
P.
12(b)(6).
The
Court
next
looks
to
Rule
12(c)
which
provides
that
“[a]fter
the
pleadings
are
closed-‐-‐but
early
enough
not
to
delay
trial-‐-‐a
party
may
move
for
judgment
on
the
pleadings.”
Fed.
R.
Civ.
p.
12(c).
The
Rule
16(b)
Scheduling
Order
set
April
11,
2014
as
the
deadline
for
plaintiff
to
move
for
leave
to
amend
the
pleadings
and
April
25,
2014
as
the
deadline
for
defendants
to
move
for
leave
to
amend
the
pleadings.
(Doc.
33)
These
deadlines
have
now
passed.
Therefore,
the
Court
will
address
the
motion
to
strike
as
a
motion
for
judgment
on
the
pleadings
as
to
Young’s
claim
for
punitive
damages.
In
that
regard,
“[j]udgment
on
the
pleadings
is
proper
when
no
issues
of
material
fact
exist,
and
the
moving
party
is
entitled
to
judgment
as
a
matter
of
law
based
on
the
substance
of
the
pleadings
and
any
judicially
noticed
facts.”
Interline
Brands,
Inc.
v.
Chartis
Specialty
Ins.
Co.,
-‐-‐-‐
F.3d
-‐-‐-‐-‐,
2014
WL
1424432,
*2
(11th
Cir.
April
15,
2014)
(citing
Cunningham
v.
Dist.
Attorney's
Office
for
Escambia
Cnty.,
592
F.3d
1237,
1255
(11th
Cir.2010)
(internal
quotations
marks
omitted).
Where
the
motion
is
based
on
allegations
of
failure
to
state
a
claim
upon
which
relief
can
be
granted,
it
is
evaluated
the
same
as
a
Rule
12(b)(6)
motion
to
dismiss.
See
Sampson
v.
Washington
Mut.
Bank,
453
F.
Appx.
863,
865
n.
2
(11th
Cir.2011);
Strategic
Income
Fund,
L.L.C.
v.
Spear,
Leeds
&
Kellogg
Corp.,
305
F.3d
1293,
1295
n.
8
(11th
Cir.2002).
In
that
regard,
the
allegations
in
the
complaint
must
be
accepted
as
true
and
the
facts
and
all
inferences
must
be
construed
in
the
light
most
favorable
to
the
nonmoving
party.
See
Scottsdale
Ins.
Co.
v.
Pursley,
450
F.
Appx.
888,
890
(11th
Cir.
2012).
The
complaint
must
contain
“enough
facts
to
state
a
claim
to
relief
that
is
plausible
on
its
face.”
Bell
Atl.
2
Corp.
v.
Twombly,
550
U.S.
544,
570,
127
S.Ct.
1955,
167
L.Ed.2d
929
(2007).
To
do
so,
the
plaintiff
must
plead
sufficient
facts
that
“allow[]
the
court
to
draw
the
reasonable
inference
that
the
defendant
is
liable
for
the
misconduct
alleged.”
Ashcroft
v.
Iqbal,
556
U.S.
662,
678,
129
S.Ct.
1937,
173
L.Ed.2d
868
(2009).
“Plausibility”
in
this
context,
must
be
more
than
a
“sheer
possibility
that
a
defendant
has
acted
unlawfully,”
and
if
the
complaint
alleges
facts
that
are
“merely
consistent
with”
liability,
then
the
pleading
“stops
short
of
the
line
between
possibility
and
plausibility
of
‘entitlement
to
relief.’
”
Id.
(citing
Twombly,
550
U.S.
at
557).
Overall,
the
plaintiff
must
allege
more
than
“labels
and
conclusions”
or
a
“formulaic
recitation
of
the
elements
of
[the]
cause
of
action”.
Twombly,
550
U.S.
at
555.
Defendants
argue
that
punitive
damages
cannot
be
awarded
against
a
municipality
under
42
U.S.C.
§
1983,
42
U.S.C.
§
1981
or
Title
VII
of
the
Civil
Rights
Act
of
1964,
as
amended.
Young
concedes
that
the
causes
of
action
he
has
alleged
against
the
City
will
not
support
a
claim
for
punitive
damages.
Young
brings
his
claims
against
all
defendants
pursuant
to
Title
VII,
42
U.S.C.
§
1981
and
42
U.S.C.
§
1983.
As
to
the
§
1983
claim,
the
Supreme
Court
has
held
that
punitive
damages
are
not
available
against
municipalities.
Newport
v.
Fact
Concerts,
453
U.S.
247,
271,
101
S.Ct.
2748,
69
L.Ed.2d
616
(1981)
(“a
municipality
is
immune
from
punitive
damages
under
42
U.S.C.
§
1983”).
As
to
his
claim
pursuant
to
42
U.S.C.
§
1981
and
Title
VII,
42
U.S.C.
§
1981a(b)(1)
precludes
an
award
of
punitive
damages
against
a
“government,
government
agency
or
political
subdivision.”
Therefore,
Young
has
failed
to
state
a
claim
for
relief
that
is
plausible
on
its
face.
Accordingly,
the
City’s
motion
is
GRANTED
and
judgment
as
a
matter
of
law
is
entered
as
to
Young’s
claims
for
punitive
damages
against
the
City
of
Mobile.
DONE
and
ORDERED
this
17th
day
of
June
2014.
s/
Kristi
K.
DuBose
KRISTI
K.
DuBOSE
UNITED
STATES
DISTRICT
JUDGE
3
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