Drews v. GoldOller Real Estate Investments
1:24-cv-06697
| S.D.N.Y. | Jul 28, 2025Background
- Wendy Drews, proceeding pro se, sued multiple apartment management-related entities and an individual property manager, stemming from incidents during her tenancy.
- Central allegations include property manager Hines unlocking Drews' apartment for police, allegedly leading to the warrantless removal of Drews' minor son by authorities and subsequent foster care placement.
- Claims brought under 42 U.S.C. § 1983, the Violence Against Women Act (VAWA), various federal criminal statutes, the Fair Credit Reporting Act (FCRA), and state law.
- Both of Drews' children were listed as plaintiffs, but neither properly joined the suit (minor lacked legal representation; adult failed to sign or complete IFP application), so only Drews' claims are substantively considered.
- The specific federal claims were dismissed for failure to state a claim or lack of private right of action; state claims were declined under supplemental jurisdiction doctrine.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| § 1983 claim against private actor (property manager) | Hines acted with police to violate Drews' constitutional rights | Not a state actor; no joint action alleged | No state action or conspiracy plausibly alleged; dismissed |
| Ability to bring claims on behalf of children | Includes children as plaintiffs | Only Drews can proceed | Claims on behalf of children dismissed without prejudice |
| VAWA, criminal statutes, and Fair Credit Reporting Act | Defendants violated VAWA, committed crimes, and harmed credit | Statutes do not create private remedies | No private right or insufficient factual allegations; dismissed |
| Supplemental state law jurisdiction | State claims related to rental dispute should be heard in federal court | Federal claims fail; decline jurisdiction | Declined supplemental jurisdiction per § 1367(c)(3) |
Key Cases Cited
- West v. Atkins, 487 U.S. 42 (limits § 1983 liability to state actors or those acting under color of state law)
- Cheung v. Youth Orchestra Found. of Buffalo, Inc., 906 F.2d 59 (nonlawyer parents cannot represent their children pro se)
- United States v. Morrison, 529 U.S. 598 (ruled VAWA’s key civil remedy provision unconstitutional)
- Carnegie-Mellon Univ. v. Cohill, 484 U.S. 343 (federal courts may decline jurisdiction over state claims after dismissal of federal claims)
- Ciambriello v. County of Nassau, 292 F.3d 307 (conspiracy under § 1983 requires more than conclusory allegations)