West v. Landau
2:25-cv-10420
E.D. Mich.Apr 14, 2025Background
- Darryl West, acting pro se, sued Drinda Osborne (his alleged lifetime housing provider) and attorney Marc Landau, claiming their actions related to his housing and participation in criminal proceedings against Osborne violated federal law and various state laws.
- West claimed a "lifetime housing agreement" with Osborne in exchange for services and alleged retaliation (eviction) after he reported Osborne's theft to police and refused to alter testimony.
- West alleged Osborne (landlord) and Landau (attorney) engaged in ADA and Fair Housing Act violations, Section 1983 retaliation, conspiracy, witness tampering, and related state contract/tort claims.
- West sought a temporary restraining order and injunctive relief after being allegedly threatened and evicted in retaliation for protected activities.
- The Court screened West's complaint under 28 U.S.C. § 1915(e)(2)(B) as he was granted leave to proceed in forma pauperis (without prepayment of filing fee).
- The Court ultimately dismissed the federal claims for failure to state a claim and declined to exercise supplemental jurisdiction over state claims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| ADA Application to Private Housing | West: ADA disability discrimination re: housing | Osborne/Landau: ADA does not cover private/non-public housing | Dismissed; ADA inapplicable to facts |
| FHA Disability Discrimination | West: Eviction was disability discrimination | Osborne: Eviction due to reporting, not disability | Dismissed; no disability-based discrimination |
| § 1983 Retaliation/Abuse of Process | West: Retaliation for protected activity (reporting, testifying) | Both: No state action; private conduct does not qualify | Dismissed; defendants not state actors |
| Witness Tampering/Obstruction of Justice (civil) | West: Landau threatened him re: testimony | Landau: No private right of action under criminal statutes | Dismissed; no private civil claim allowed |
| Exercise of Jurisdiction Over State Claims | West: Seeks contract/tort remedies | Both: No federal claims remaining; pendent jurisdiction inappropriate | Dismissed; federal court declines jurisdiction |
| Declaratory Judgment on Housing Agreement | West: Seeks enforcement of "lifetime housing" contract | Both: No independent federal jurisdiction exists | Dismissed; court lacks jurisdiction |
Key Cases Cited
- Ashcroft v. Iqbal, 556 U.S. 662 (supreme plausibility standard for pleadings)
- Bell Atl. Corp. v. Twombly, 550 U.S. 544 (pleading standard; speculative claims insufficient)
- Lugar v. Edmondson Oil Co., 457 U.S. 922 (private conduct not actionable under § 1983 absent state action)
- Baynes v. Cleland, 799 F.3d 600 (requirements for § 1983 claims)
- Erickson v. Pardus, 551 U.S. 89 (liberal construction of pro se pleadings, but still must state claim)