Jackson et al v. State of California et al

Filing 41

ORDER ADOPTING 38 FINDINGS AND RECOMMENDATIONS signed by District Judge Lawrence J. O'Neill on 03/10/2014. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ARTHUR DUANE JACKSON, et al.,

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Plaintiffs,

Case No. 1:13-cv-01055-LJO-SAB
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS

v.
(ECF Nos. 38, 40)

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STATE OF CALIFORNIA, et al.,
FOURTEEN DAY DEADLINE

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Defendants.

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On August 1, 2013, the magistrate judge assigned to this action issued a Findings and

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Recommendations recommending that Defendants’ motion to dismiss be granted in part and

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denied in part. (ECF No. 38.) The Findings and Recommendations were served on all parties

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and contained notice that any objections were to be filed within fourteen (14) days. On March 6,

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2014, Plaintiffs filed Objections to the Findings and Recommendations. (ECF No. 40.)

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In their opposition, Plaintiffs contend that the magistrate judge erred in determining that

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they are unable to state a cause of action under 42 U.S.C. § 1981. Plaintiffs cite two cases out of

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the Eastern District of Pennsylvania,Hall v. Pennsylvania State Police, 570 F.2d 86 (E.D. Pa.

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1978) and Mahone v. Waddle, 564 F.2d 86 (E.D. Pa. 1977), for the proposition that a contract is

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not a necessary to bring an action under section 1981. The Third Circuit, acknowledging the

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sparcity of authority on this issue, has found that section 1981 has broad applicability beyond the

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mere right to contract. Mahone v. Waddle, 546 F.2d 1018, 1027-1028 (3d Cir. 1977).
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The magistrate judge, relying on Domino’s Pizza, Inc. v. McDonald, 546 U.S. 470 (2006),

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Peterson v. State of California Dep’t of Corrections and Rehabilitation, 451 F.Supp.2d 1092 (E.D.

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Cal 2006), and Ennix v. Stanten, 556 F. Supp.2d 1073 (N.D. Cal. 2008), concluded that Plaintiffs

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would be unable to bring a claim under section 1981 because Plaintiffs cannot meet the

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requirement that they are attempting to make or enforce a contract. Section 1981 provides that

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“[a]ll persons . . . shall have the same right . . . to make and enforce contracts, to sue, be parties,

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give evidence, and to the full and equal benefit of all laws and proceedings for the security of

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persons and property as is enjoyed by white citizens, and shall be subject to like punishment,

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pains, penalties, taxes, licenses, and exactions of every kind, and to no other.” 42 U.S.C. ¶ 1981.

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“To establish a claim under § 1981, the plaintiffs must show that (1) they are members of

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a racial minority; (2) the defendant had an intent to discriminate on the basis of race; and (3) the

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discrimination concerned one or more of the activities enumerated in the statute (i.e., the making

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and enforcing of a contract).” Morris v. Office Max, Inc., 89 F.3d 411, 413 (7th Cir. 1996). The

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magistrate judge was correct that as pled, Plaintiffs have failed to state a cognizable claim under

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section 1981. The Court will dismiss Plaintiffs’ section 1981 claim, but will grant Plaintiffs the

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opportunity to amend.

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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court has conducted a

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de novo review of the case. Having carefully reviewed the entire file, the Court finds that the

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Findings and Recommendations are supported by the record and by proper analysis.

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Accordingly, it is HEREBY ORDERED that:

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1.

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modified;
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The Findings and Recommendations dated February 20, 2014 are ADOPTED as

Defendants’ motion to dismiss the claims against Edmund G. Brown, Jr. is
GRANTED;

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Defendants’ motion to dismiss the Eighth Amendment claims against Matthew

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Cate, Jeffrey Beard, P.D. Brazelton, and James D. Hartley for failure to state a

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claim is DENIED;

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4.

Defendants’ motion to dismiss the racial discrimination claims as violating the
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Fourteenth Amendment for failure to state a claim is GRANTED;
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U.S.C. § 1981 for failure to state a claim is GRANTED;
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Within fourteen days from the date of service of this complaint, Plaintiffs are
granted the opportunity to file an amended complaint;

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Defendants’ motion to dismiss the claims for damages on the basis of qualified
immunity is DENIED;

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Defendants’ motion to dismiss the state law negligence claims for failure to state a
claim is GRANTED;

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Defendants motion to dismiss claims against Defendants State of California and
CDCR is GRANTED without leave to amend;

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Defendants’ motion to dismiss claims against Defendants in their official
capacities is GRANTED;

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Defendants’ motion to dismiss the racial discrimination claim pursuant to 42

Within thirty days of the date of service of the amended complaint, Defendants
shall file a responsive pleading; and

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This action is referred back to the magistrate judge.

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IT IS SO ORDERED.
Dated:

/s/ Lawrence J. O’Neill

March 10, 2014

UNITED STATES DISTRICT JUDGE
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