NDIOBA NIANG v. CARROLL

No. 16-3968.

879 F.3d 870 (2018)

NDIOBA NIANG; Tameka Stigers, Plaintiffs-Appellants v. Emily CARROLL, in her official capacity as Executive Director of the Missouri Board of Cosmetology and Barber Examiners; Wayne Kindle, In his official capacity as a member of the Missouri Board of Cosmetology and Barber Examiners, Defendants-Appellees. Betty Leake, Defendant. Jackie Crow, In her official capacity as a member of the Missouri Board of Cosmetology and Barber Examiners; Joseph Nicholson, In his official capacity as a member of the Missouri Board of Cosmetology and Barber Examiners; Leata Price-Land, In her official capacity as a member of the Missouri Board of Cosmetology and Barber Examiners; Lori Bossert, In her official capacity as a member of the Missouri Board of Cosmetology and Barber Examiners; Linda M. Bramblett, In her official capacity as a member of the Missouri Board of Cosmetology and Barber Examiners; Leo D. Price, Sr., In his official capacity as a member of the Missouri Board of Cosmetology and Barber Examiners; Christie L. Rodriguez, In her official capacity as a member of the Missouri Board of Cosmetology and Barber Examiners, Defendants-Appellees. Missouri African Hairbraiders and Their Customers; Pacific Legal Foundation; Public Choice Scholars; Cato Institute; Reason Foundation; Individual Rights Foundation; Senator Rand Paul; Goldwater Institute; Beacon Center of Tennessee; The Show-Me Institute Amici on Behalf of Appellant(s).

United States Court of Appeals, Eighth Circuit.

Filed: January 11, 2018.


Attorney(s) appearing for the Case

Daniel Lamar Alban , Gregory Reed , INSTITUTE FOR JUSTICE, Arlington, VA, Jerry M. Hunter , BRYAN & CAVE, Saint Louis, MO, for Plaintiffs-Appellants.

Julie Marie Blake , Special Assistant, Brian P. Weisel , ATTORNEY GENERAL'S OFFICE, Jefferson City, MO, Daniel S. Levy , Assistant Attorney General, ATTORNEY GENERAL'S OFFICE, Saint Louis, MO, for Defendants-Appellees.

David Edward Roland , FREEDOM CENTER OF MISSOURI, Mexico, MO, Amicus on Behalf of Appellant(s) for Missouri African Hairbraiders and Their Customers.

Lawrence Salzman , Caleb R. Trotter , PACIFIC LEGAL FOUNDATION, Sacramento, CA, Amicus on Behalf of Appellant(s) for Pacific Legal Foundation.

Sarah Elizabeth DeLoach , Chad W. Pekron , Thomas Hartley Wyatt , QUATTLEBAUM & GROOMS, Little Rock, AR, Amicus on Behalf of Appellant(s) for Public Choice Scholars.

Ilya Shapiro , CATO INSTITUTE, Washington, DC, Amicus on Behalf of Appellant(s) for Cato Institute, Reason Foundation, Individual Rights Foundation, Senator Rand Paul.

Timothy Sandefur , PACIFIC LEGAL FOUNDATION, Sacramento, CA, Amicus on Behalf of Appellant(s) for Goldwater Institute.

Braden Boucek , BEACON CENTER OF TENNESSEE, Nashville, TN, Amicus on Behalf of Appellant(s) for Beacon Center of Tennessee.

Brenda Talent , THE SHOW-ME INSTITUTE, Amicus on Behalf of Appellant(s) for The Show-Me Institute.

Before COLLOTON, BENTON, and KELLY, Circuit Judges.


Missouri statutes require African-style hair braiders to be licensed as barbers or cosmetologists. Ndioba "Joba" Niang and Tameka Stigers challenge this requirement under the Fourteenth Amendment. The district court1 granted summary judgment for the State. Having jurisdiction under 28 U.S.C. &...

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