Niya Bunch v. Victor Valley Domestic Violence, Inc.
5:19-cv-02027
| C.D. Cal. | Dec 11, 2019Background
- Plaintiff Niya Bunch (pro se, granted IFP) sued Victor Valley Domestic Violence, Inc. (Better Way) in Oct 2019 under Title II and the Fair Housing Act (FHA).
- While staying at Better Way in Oct 2017, staffer Coby Ward confiscated Bunch’s tarot cards as “demonic,” later returned them in poor condition; Bunch says other residents kept Bibles.
- Bunch alleges Ward limited her phone use after 5 p.m., which she claims impeded her ability to search for apartments and maintain Section 8 eligibility; she left the shelter on Oct 24, 2017.
- Bunch asserts Better Way receives federal funding and seeks declaratory/equitable relief and monetary damages.
- Court screened the complaint under 28 U.S.C. § 1915(e)(2) and found pleading defects: Title II monetary damages not permitted, lack of allegation showing tarot cards tied to a protected religion, and no allegation of required state notice under 42 U.S.C. § 2000a-3(c).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Title II: monetary relief available | Bunch seeks monetary damages for alleged religious discrimination at a federally funded shelter | Better Way is subject to Title II but Title II does not authorize money damages | Dismissed monetary damages under Title II; Title II permits only injunctive relief (dismissed damages claim) |
| Title II: standing for injunctive relief | Bunch seeks relief for past conduct at shelter | Better Way argues no ongoing injury or threat | Dismissed/infirm: no real and immediate threat of repeated injury because Bunch left in 2017 (injunctive relief unlikely) |
| Title II: §2000a-3(c) notice requirement | Bunch did not allege state notice compliance | Better Way has statutory procedural defense | Court noted §2000a-3(c) notice is jurisdictional; lack of alleged notice likely bars Title II suit until satisfied |
| FHA: religious discrimination (disparate treatment) | Bunch alleges tarot confiscation and unequal treatment (others kept Bibles) | Better Way argues rules were neutral house rules and plaintiff did not plead her religion or that tarot use was religious practice | Dismissed for failure to plead that tarot cards were religious practice or that actions were motivated by invidious religious purpose; pleadings insufficient |
| FHA: retaliation / §3617 interference | Bunch alleges phone restrictions interfered with housing rights (retaliation) | Better Way argues no protected activity shown and no causal link alleged | Dismissed for failure to plead protected activity and causal connection; retaliation claim insufficient |
Key Cases Cited
- Ashcroft v. Iqbal, 556 U.S. 662 (2009) (pleading must state a plausible claim).
- Bell Atl. Corp. v. Twombly, 550 U.S. 544 (2007) (pleading standard articulated).
- Wander v. Kaus, 304 F.3d 856 (9th Cir. 2002) (Title II does not authorize money damages).
- City of Los Angeles v. Lyons, 461 U.S. 95 (1983) (injunctive relief requires real and immediate threat of repeated injury).
- Stearnes v. Baur’s Opera House, Inc., 3 F.3d 1142 (7th Cir. 1993) (§2000a-3(c) notice requirement is jurisdictional).
- Intermountain Fair Hous. Council v. Boise Rescue Mission Ministries, 657 F.3d 988 (9th Cir. 2011) (FHA’s scope and policy).
- Ave. 6E Investments, LLC v. City of Yuma, 818 F.3d 493 (9th Cir.) (invidious discriminatory purpose required for disparate treatment).
- Walker v. City of Lakewood, 272 F.3d 1114 (9th Cir. 2001) (prima facie elements for retaliation/§3617 claim).
- United States v. City of Hayward, 36 F.3d 832 (9th Cir. 1994) (§3617’s broad application to interference with fair housing rights).
- Karim-Panahi v. L.A. Police Dep’t, 839 F.2d 621 (9th Cir. 1988) (pro se complaints must be liberally construed and court must identify pleading deficiencies).