Tricia Lewis v. Myron Wheatley
528 F. App'x 466
6th Cir.2013Background
- Plaintiffs Tricia Lewis and her children allege health problems from mold and microbial contaminants in AMHA's Section 8 rental at 5943 Runkle Ave, Ashtabula, Ohio.
- AMHA administers the HUD-funded Section 8 program; units must be eligible, HQS-compliant, properly leased, and rent-controlled.
- HUD regulations require annual HQS inspections during occupancy; AMHA approved the unit and executed a HAP contract with landlords.
- Plaintiffs sued in state court; defendants removed to federal court; district court dismissed §1983 claims and remanded state claims.
- On appeal, district court’s USHA/§1983 ruling and denial of amendment are under review; claim centers on state-created danger theory.
- Court holds no private right-of-action under USHA §1437 and its regulations; state-created-danger theory fails due to no affirmative act by AMHA.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| USHA §1437 private right of action? | Lewis argues §1437 and HUD regs create enforceable rights under §1983. | AMHA contends §1437 is a policy statement, not creating private rights. | No private right under §1983; dismissal affirmed. |
| State-created danger viability vs AMHA? | AMHA's failure to inspect increased danger to Lewis and children. | Failure to act cannot satisfy affirmative-act requirement for state-created danger. | No state-created-danger liability; failure to inspect not an affirmative act. |
| Amendment of complaint? | Should be allowed to amend to add factual allegations. | Amendment would be futile; would not survive dismissal. | Amendment properly denied as futile. |
Key Cases Cited
- Erie Cnty. v. Morton Salt, Inc., 702 F.3d 860 (6th Cir. 2012) (de novo review standard for motions to dismiss)
- Howard v. Pierce, 738 F.2d 722 (6th Cir. 1984) (USHA does not confer private rights under §1983)
- Johnson v. City of Detroit, 446 F.3d 614 (6th Cir. 2006) (HQs provisions lack enforceable private rights)
- DeShaney v. Winnebago County Dep’t of Soc. Servs., 489 U.S. 189 (U.S. 1989) (state has no duty to protect unless custody creates danger)
- Jones v. Reynolds, 438 F.3d 685 (6th Cir. 2006) (state-created-danger requires affirmative act creating risk)
- Sargi v. Kent City Bd. of Educ., 70 F.3d 907 (6th Cir. 1995) (affirmative-action requirement for state-created-danger)
- Koulta v. Mercierz, 477 F.3d 442 (6th Cir. 2007) (failure to act cannot satisfy 'affirmative act' requirement)
- Brown v. Owens Corning Inv. Review Comm., 622 F.3d 564 (6th Cir. 2010) (amendment denied on futility grounds when it would not survive dismissal)