1:25-cv-00461
S.D.N.Y.May 27, 2025Background
- Delroy Askins, proceeding pro se, sued Prestige Management, Inc. and the building superintendent, Lowell Hendricks, alleging violations of his constitutional rights and rights under federal anti-discrimination laws (ADA, Rehabilitation Act, FHA) related to incidents at his HUD-funded residence.
- Allegations include assault by the superintendent, mishandling of medical supplies by building security, and denial of access to community room facilities.
- Plaintiff claimed that these actions amounted to disability discrimination.
- The complaint sought damages of $10 and injunctive relief requiring the installation of more security cameras in the building, including elevators.
- The Court granted Plaintiff’s application to proceed in forma pauperis (without prepayment of fees).
- The initial complaint was dismissed for failure to state a claim, but Plaintiff was given 30 days to replead and cure identified deficiencies.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether § 1983 claims can proceed against defendants | Defendants violated constitutional rights | Not state actors; no state action | Dismissed: Defendants are not state actors |
| ADA/Rehabilitation Act: Sufficient facts of disability | Disabled; denied services/accommodations | No evidence of disability/discriminatory motive | Dismissed: Insufficient factual allegations |
| Fair Housing Act: Disability discrimination alleged | Denied services and access due to disability | No facts showing actions motivated by disability | Dismissed: No plausible claim under FHA |
| Supplemental jurisdiction over state law claims | (Not specifically argued) | No viable federal claims | Declined: No federal claims; state claims dismissed |
Key Cases Cited
- West v. Atkins, 487 U.S. 42 (1988) (state action requirement for § 1983 liability)
- Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007) (plausibility standard for pleading requirements)
- Ashcroft v. Iqbal, 556 U.S. 662 (2009) (distinguishes factual allegations vs. legal conclusions in pleadings)
- Gladstone, Realtors v. Vill. of Bellwood, 441 U.S. 91 (1979) (scope of the Fair Housing Act)
- Carnegie-Mellon Univ. v. Cohill, 484 U.S. 343 (1988) (discretion to decline supplemental jurisdiction when federal claims are dismissed)