A federal judge from the Northern District of California has dismissed with prejudice the amended complaint of a man, who sued a horse racing track, its owners and the California Horse Racing Board (CHRB) for violations of his Constitutional rights after he was ejected from the facility.
In so ruling, the court found that plaintiff Tyrone T. Taylor, who was proceeding pro se (or representing himself in the case), had not demonstrated in the amended complaint that Golden Gate Fields racetrack was an instrument of the state.
Taylor was a long-time patron of Golden Gate Fields. On December 28, 2013, he claimed he was waiting in line to enter the racetrack, along with 30-40 other patrons, when the person standing in front of him offered to “take care of his admission” by allowing plaintiff to use a “Trainer’s Card.” After plaintiff entered using the “Trainer’s Card,” he reached for a race program, but claims he was told by the “Gate Person,” individual defendant Mike Rogers, that he was not entitled to a program because he had used one of the “Trainer’s Guest Credentials.”
The plaintiff allegedly informed Rogers that he believed he was entitled to a program, whereupon they became involved in a heated discussion, the gist of which appears to have been that plaintiff demanded that he be treated with courtesy and respect; and that Rogers insisted that “You don’t pay nothing, you don’t get nothing.” In response, the plaintiff asserted that he did not “deserve to be treated as if I’m some ignorant Nigga” and that he was “tired just [as] . . . many other patrons, [of] being talked down to, disrespected and looked at in a contemptible low class manner, as if we are some `ignorant Nigga’ and I’m tired of you and others consistently talking down to us as if we `are Ignorant Nigga’s.'” Eventually, security personnel appeared on the scene, and further heated discussion ensued. According to plaintiff, the security personnel ordered him to leave, based on the volume of his voice and his use of offensive language, and refused his request for a refund of his $10 parking fee.
Taylor sued on January 28, 2014, naming the aforementioned Golden Gate Fields, The Stronach Group (which owns and operates the Golden Gate Fields racetrack), Rogers, and the CHRB, alleging violation of his right to due process, his right to freedom of speech, and his right to be free from unreasonable search and seizure, under the U.S. Constitution, and also alleging a state-law claim of intentional infliction of emotional distress. In the prayer for relief, plaintiff requested compensatory and punitive damages “in excess of $20 million U.S. dollars,” plus declaratory and injunctive relief.
On February 19, 2014, the court issued an order dismissing the complaint pursuant to 28 U.S.C. § 1915(e) for failure to state a claim. The CHRB was dismissed with prejudice based on Eleventh Amendment immunity. The remainder of the complaint was dismissed with leave to amend.
The court dismissed the three constitutional claims based on plaintiff’s failure to plead facts showing that the alleged violations were committed by defendants acting under color of state law, and to plead facts showing that specific actions by a specific defendant caused any constitutional violation.
The court emphasized there is no right to be free from the infliction of constitutional deprivations by private individuals. See Van Ort v. Estate of Stanewich, 92 F.3d 831, 835 (9th Cir. 1996). The court noted that a private individual — such as the defendants here — generally does not act under color of state law, Gomez v. Toledo, 446 U.S. 635, 640, 100 S. Ct. 1920, 64 L. Ed. 2d 572 (1980), and purely private conduct, no matter how wrongful, is not covered under § 1983, Ouzts v. Maryland Nat’l Ins. Co., 505 F.2d 547, 550 (9th Cir. 1974).
The court added that action taken by private individuals or organizations may be under color of state law if “there is such a close nexus between the State and the challenged action that seemingly private behavior may be fairly treated as that of the State itself,” Brentwood Acad. v. Tennessee Secondary Sch. Athletic Ass’n, 531 U.S. 288, 295-96, 121 S. Ct. 924, 148 L. Ed. 2d 807 (2001). The court found, however, that in the complaint at issue, the plaintiff had alleged no facts sufficient to show that Golden Gate Fields, Mike Rogers, or The Stronach Group is a state actor.
“The plaintiff has not remedied these deficiencies in the (amended complaint),” wrote the court in the instant opinion. “The plaintiff alleges that Golden Gate Fields — which he concedes is privately owned by the Stronach Group — operates under the supervision, license, and regulatory authority of the State of California and the CHRB. He suggests that this connection between Golden Gate Fields and the CHRB is sufficient to transform defendants into state actors for purposes of stating a claim under § 1983.”
But there were few facts to supports the allegations.
“In short, the plaintiff has alleged no facts sufficient to show that Golden Gate Fields, Mike Rogers, or The Stronach Group is a state actor, and the court therefore finds that the § 1983 claims must be dismissed for failure to state a claim,” the court wrote.
Tyrone T. Taylor v. Golden Gate Fields, et al.; N.D. Cal.; No. C 14-0411 PJH, 2014 U.S. Dist. LEXIS 81023; 6/12/14
