Cannon v. City of Emporia ( 1999 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
DONALD W. CANNON,
Plaintiff-Appellant,
v.
No. 97-2515
THE CITY OF EMPORIA; RANDOLPH
CARLISLE, in his official capacity,
Defendants-Appellees.
Appeal from the United States District Court
for the Eastern District of Virginia, at Richmond.
Robert R. Merhige, Jr., Senior District Judge.
(CA-97-248-3)
Submitted: February 23, 1999
Decided: March 15, 1999
Before WILKINSON, Chief Judge, MOTZ, Circuit Judge, and
WILLIAMS, United States District Judge of the District of
Maryland, sitting by designation.
_________________________________________________________________
Affirmed by unpublished per curiam opinion.
_________________________________________________________________
COUNSEL
Steven P. Hanna, Richmond, Virginia, for Appellant. John A. Gibney,
Jr., Robert A. Dybing, SHUFORD, RUBIN & GIBNEY, Richmond,
Virginia, for Appellees.
_________________________________________________________________
Unpublished opinions are not binding precedent in this circuit. See
Local Rule 36(c).
_________________________________________________________________
OPINION
PER CURIAM:
Appellant Donald W. Cannon filed suit against the City of Emporia
and former police chief Randolph R. Carlisle, alleging violations of
42 U.S.C.A. § 1983 (West Supp. 1998). The district court granted
summary judgment to the Defendants, and Cannon appeals.
Cannon was the manager of The Bakery Restaurant and Lounge
("The Bakery"), a dance hall in Emporia. During Cannon's manage-
ment, he altered the format of The Bakery to offer rap, hip-hop, and
rhythm and blues. This new format attracted primarily African-
American customers.
Both prior to and during Cannon's management, The Bakery was
a frequent source of public disturbances and fights, and police
responded to calls at The Bakery on a regular basis. In response to
these problems, the Emporia Police Department instituted several
measures, including posting numerous officers and canine units at the
entrance to The Bakery and proposing an ordinance regulating dance
halls. After these developments, Albert L. Davis, the owner of The
Bakery, canceled Cannon's lease. Cannon then filed suit alleging that
the police department's campaign of harassment and intimidation
forced Davis to cancel his lease, thereby depriving Cannon of his
property rights in his business. Cannon also claimed that the Defen-
dants violated his equal protection rights and improperly denied him
the right to pursue a lawful vocation.
The district court granted the Defendants' motion for summary
judgment, finding that Cannon failed to show that the Defendants
acted with deliberate indifference or beyond the bounds of legitimate
governmental action. According to the district court, the actions of the
police department were reasonable, justified, and unrelated to the race
of Cannon's clientele. In addition, the court held that Davis, not the
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Defendants, was ultimately responsible for the cancellation of The
Bakery's lease and that Cannon failed to offer any evidence that the
Defendants adversely affected his ability to seek employment.
We previously granted Cannon's unopposed motion to submit this
appeal for decision on the briefs without oral argument. Having thor-
oughly reviewed the briefs and record in this case, we find no revers-
ible error. Accordingly, we affirm the order based on the reasoning
of the district court. See Cannon v. City of Emporia, No. CA-97-248-
3 (E.D. Va. Oct. 2, 1997).
AFFIRMED
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