Engler v. The Salvation Army

Summary

The document is a Report and Recommendation addressing preservice screening of a pro se, in forma pauperis amended complaint against The Salvation Army. The plaintiff alleged that segregated bathrooms and placement on a do-not-admit list violated the Civil Rights Act and Fair Housing Act. The magistrate judge recommended dismissal for failure to state a claim under 28 U.S.C. § 1915(e)(2), concluding that the complaint did not establish diversity jurisdiction or adequately plead a federal claim.

Holdings

1. The amended complaint did not establish diversity jurisdiction because it did not allege the requisite amount in controversy under 28 U.S.C. § 1332.
2. The complaint did not state a plausible Title II public-accommodations claim because 42 U.S.C. § 2000a protects against discrimination or segregation based on race, color, religion, or national origin, while Title VII's sex-discrimination protections apply to employment, and Engler did not allege an employment-related context.
3. The amended complaint failed to state a Fair Housing Act claim because it did not provide facts showing that the Salvation Army facility was a qualifying dwelling or explaining the relevant housing relationship and duration of occupancy.

Questions Presented

1. Whether the amended complaint established federal subject matter jurisdiction through diversity jurisdiction.
2. Whether the amended complaint stated a plausible claim under Title II of the Civil Rights Act of 1964 based on alleged sex, gender, or gender-identity discrimination in a public accommodation.
3. Whether the amended complaint stated a plausible claim under the Fair Housing Act when it did not allege facts showing that the Salvation Army facility qualified as a dwelling or that the alleged conduct occurred in connection with the sale or rental of a dwelling.

Disposition

dismissed