Jeter v. Barada Property Managment
2:25-cv-00197
E.D. Wis.Jun 11, 2025Background
- Plaintiff Keith William Jeter, a state prisoner, sued Berrada Properties Management Inc., where he was previously a tenant.
- Jeter alleged that a Berrada employee allowed police to enter his apartment to execute an arrest warrant, which led to a gunfire exchange while Jeter was asleep.
- Jeter brought claims alleging violations of his Fourth Amendment rights and breach of a 'Tenants Rights Agreement.'
- He filed to proceed in forma pauperis (IFP), and the court granted the motion but required payment of the partial filing fee.
- The Court screened the complaint under 28 U.S.C. §1915(e)(2) and §1915A to assess if any claim could proceed.
- The complaint was dismissed in its entirety at the screening stage.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Fourth Amendment claim under §1983 | Berrada's employee's actions violated his Fourth Amendment rights | Berrada is a private actor | Private companies are not state actors under §1983; dismissed |
| State law breach of contract | Breach of 'Tenants Rights Agreement' by permitting police entry | Not addressed at screening | No federal jurisdiction; both parties are Wisconsin citizens; dismissed |
Key Cases Cited
- Ashcroft v. Iqbal, 556 U.S. 662 (2009) (pleading standard requires more than conclusory statements)
- Bell Atl. Corp. v. Twombly, 550 U.S. 544 (2007) (complaint must state a plausible claim)
- West v. Atkins, 487 U.S. 42 (1988) (defines action under color of state law)
- Rodriguez v. Plymouth Ambulance Serv., 577 F.3d 816 (7th Cir. 2009) (outlines §1983 requirements)