Whitsitt v. Domus Management Co.

Summary

The United States District Court for the Eastern District of California screened plaintiff William J. Whitsitt’s pro se complaint concerning the denial of a subsidized-housing application. The court granted in forma pauperis status but dismissed the complaint with leave to amend, finding that the claims failed to adequately plead sovereign-immunity waiver, state action, conspiracy, or a municipal policy or custom. Plaintiff was ordered to file an amended complaint or notice of voluntary dismissal within thirty days.

Holdings

1. The claims against the United States failed because the complaint identified no unequivocal waiver of sovereign immunity, and the United States has not waived immunity from damages actions for constitutional violations.
2. The complaint failed to state a § 1983 claim against Domus Management Company, Erica Perez, or Casa Manana Inn because it did not adequately allege that they acted under color of state law.
3. Conclusory allegations that private defendants conspired with state actors were insufficient to state a § 1983 claim.
4. The complaint did not state a municipal-liability claim because plaintiff identified no municipal policy or custom that caused the alleged constitutional violations.
5. The complaint was dismissed for failure to state a claim, with leave to amend; plaintiff was given thirty days to file an amended complaint or voluntarily dismiss the action without prejudice.

Questions Presented

1. Whether the complaint stated a viable claim against the United States despite sovereign immunity.
2. Whether the complaint stated a claim under 42 U.S.C. § 1983 against Domus Management Company, Erica Perez, or Casa Manana Inn by adequately alleging action under color of state law and a constitutional deprivation.
3. Whether conclusory allegations of a conspiracy between private parties and state actors were sufficient to establish § 1983 liability.
4. Whether the complaint adequately pleaded a municipal-liability claim against the San Joaquin County Housing Authority by identifying a policy or custom causing the alleged constitutional violations.
5. Whether the complaint should be dismissed at in forma pauperis screening and whether leave to amend should be granted.

Disposition

other