Jones v. Westside Building and Restoration

Background

Shelly Jones and Warren Jones, proceeding without lawyers, sued Westside Building and Restoration, Inc., their landlord, concerning eviction proceedings in Poughkeepsie City Court. They alleged that Westside lacked an agreement with them, conspired with a court, deprived them of due process, and violated the Fourth, Fifth, and Seventh Amendments. They sought an order stopping the alleged scheme, restoring them to their original condition, and returning assets they said had been taken.

The court had previously allowed the plaintiffs to proceed without paying the filing fee and had denied their request for an order temporarily stopping the eviction. The court reviewed the complaint under the statute requiring dismissal of a fee-free complaint that is frivolous, malicious, fails to state a claim, or seeks relief from an immune defendant. It also considered whether it had authority to hear the claims.

Federal Claims

The court construed the constitutional allegations as claims under 42 U.S.C. § 1983, a federal law that permits claims for violations of federal rights by a person acting under state authority. The court explained that private parties generally are not liable under § 1983. Westside was a private party, and the plaintiffs did not allege that it worked for a state or other governmental body. The court further held that providing housing does not, by itself, make a private entity a state actor for § 1983 purposes.

Because the plaintiffs could not assert their constitutional claims against this private landlord under § 1983, the court dismissed the complaint for failure to state a claim under 28 U.S.C. § 1915(e)(2)(B)(ii). The dismissal was without prejudice to the plaintiffs challenging their eviction in Poughkeepsie City Court.

State-Law Claims and Amendment

After dismissing the federal claims, the court declined to exercise supplemental jurisdiction—the authority to hear related state-law claims—insofar as the plaintiffs might be asserting any state-law claims. The court also denied leave to amend because it concluded that the defects in the complaint could not be cured by amendment.

Disposition

Judge Kimba M. Wood dismissed the complaint without prejudice to challenging the eviction in Poughkeepsie City Court. The court declined supplemental jurisdiction over any state-law claims the plaintiffs might be asserting, denied fee-free status for an appeal, certified that any appeal would not be taken in good faith, and directed the Clerk of Court to enter a civil judgment.