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Elmore v. Harbor Freight Tools USA, Inc.

United States Court of Appeals, Eighth Circuit

December 23, 2016

Floyd G. Elmore, Kansas City, Jackson County, Missouri Plaintiff-Appellant
v.
Harbor Freight Tools USA, Inc., doing business as Harbor Freight Tools Defendant-Appellee

          Submitted: November 15, 2016

         Appeal from United States District Court for the Western District of Missouri - Kansas City

          Before RILEY, Chief Judge, WOLLMAN and KELLY, Circuit Judges.

          RILEY, Chief Judge.

         Floyd Elmore brought suit against Harbor Freight Tools USA, Inc. after a Harbor Freight manager accused Elmore of stealing from the store earlier in the day. Elmore filed suit in federal district court, alleging federal claims under 42 U.S.C. § 1981 and state law negligence claims. The district court[1] dismissed Elmore's § 1981 claim for failure to plead state action as required under Youngblood v. Hy-Vee Food Stores, Inc., 266 F.3d 851 (8th Cir. 2001), and, declining to exercise supplemental jurisdiction, dismissed Elmore's state law negligence claims without prejudice. Because we conclude Elmore was required to allege state action as part of his § 1981 claim and the district court did not abuse its discretion in declining to extend supplemental jurisdiction to Elmore's state law negligence claims, we affirm.

         I. BACKGROUND

         Elmore, an African American, visited his local Harbor Freight hardware store in Independence, Missouri, on May 9, 2015, at approximately 8:30 p.m. As he was exiting the store, after choosing not to make a purchase, a female store manager stated: "I'm watching you. I caught you stealing here earlier today and told you not to come back any more." Elmore responded he had not stolen from the store, or even been at the store earlier that day, and the manager said she would call the police. The manager's male companion was also present and yelled at Elmore. After the manager called the police, Elmore left the store to pick up his wife.

         Elmore and his wife returned to the store and took photographs of the manager's male companion making an obscene gesture in their direction. Once the police arrived, they questioned Elmore about the incident and ultimately told him "it was a civil matter" and that Elmore should leave. Elmore left the premises and later called Harbor Freight's district manager to inform him of the event. The district manager told Elmore the incident "made [him] sick."

         Elmore filed suit against Harbor Freight, claiming federal question jurisdiction under 28 U.S.C. §§ 1343 and 1331 and supplemental jurisdiction over state law negligence claims under 28 U.S.C. § 1367. Elmore's complaint included a claim under § 1981 alleging "[t]he actions of Harbor Freight's agents and employees against Plaintiff Elmore on the basis of his race interfered with Elmore's right to the full and equal benefit of the law." Elmore also included two state law negligence claims, alleging Harbor Freight negligently failed to train and supervise its employees to prevent them "from wrongfully engaging in racially discriminatory practices."

         Harbor Freight moved to dismiss Elmore's complaint pursuant to Federal Rule of Civil Procedure 12(b)(6). On December 30, 2015, the district court granted Harbor Freight's motion and dismissed Elmore's complaint in its entirety. Elmore appeals, and we have jurisdiction pursuant to 28 U.S.C. § 1291.

         II. DISCUSSION

         A. Standard of Review

         We review a district court's grant of a motion to dismiss under Rule 12(b)(6) de novo and take the facts alleged in the complaint to be true. See Blomker v. Jewell, 831 F.3d 1051, 1055 (8th Cir. 2016). "To survive a motion to dismiss, a complaint must contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face'" and include "factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged." Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (quoting Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007)).

         B. ...


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