Bolden v. City of Topeka, Kan., 04-3306.

Citation441 F.3d 1129
Decision Date21 March 2006
Docket NumberNo. 04-3306.,04-3306.
PartiesJames L. BOLDEN, Plaintiff-Appellant, v. CITY OF TOPEKA, KANSAS, Defendant-Appellee.
CourtUnited States Courts of Appeals. United States Court of Appeals (10th Circuit)

Bret D. Landrith, Law Offices of Bret D. Landrith, Topeka, KS, for Plaintiff-Appellant.

Sherri Price, Assistant City Attorney, City of Topeka, Topeka, KS, for the Defendant-Appellee.

Before LUCERO, Circuit Judge, BRORBY, Senior Circuit Judge, and HARTZ, Circuit Judge.*

HARTZ, Circuit Judge.

James Bolden is not happy with the City of Topeka, Kansas, and several of its officials. The City demolished as nuisances two buildings he purchased at tax sales and then refused to extend his janitorial contract. After losing his attempt in state court to enjoin demolition of his buildings, he sought an injunction in federal court and eventually amended his federal complaint to include claims against the City and several individuals arising out of the demolitions and the termination of his janitorial contract. He alleged discrimination based on race (he is African-American) and as retaliation for protected speech, in violation of the Fair Housing Act and several civil-rights statutes. The federal district court dismissed the claims against the individual defendants because of untimely service. It granted partial summary judgment on some claims against the City under the Rooker-Feldman doctrine (which, in essence, forbids appeals from state-court judgments to federal district court, see Rooker v. Fidelity Trust Co., 263 U.S. 413, 416, 44 S.Ct. 149, 68 L.Ed. 362 (1923); D.C. Court of Appeals v. Feldman, 460 U.S. 462, 486-87, 103 S.Ct. 1303, 75 L.Ed.2d 206 (1983)), on the ground that those claims were "inextricably intertwined" with the state-court litigation he had lost; and it dismissed his racial-discrimination claim under 42 U.S.C. § 1981 on the ground that the statute creates no private right of action against state actors. Mr. Bolden's remaining claim—an allegation that his janitorial contract was terminated in retaliation for protected speech—went to the jury, which rendered a verdict for the City.

On appeal Mr. Bolden argues that the district court erred (1) in dismissing the § 1981 claim, (2) in applying the Rooker-Feldman doctrine, (3) in dismissing the individual defendants, (4) in denying his request for an extension of time to conduct discovery, and (5) in refusing to admit certain evidence at trial. He also claims that the magistrate judge assigned to his case was biased against his attorney. We have jurisdiction under 28 U.S.C. § 1291. We reverse the dismissal under Rooker-Feldman and the dismissal of the § 1981 claim, and remand for further proceedings on these dismissed claims. In all other respects we affirm the judgment below.

I. FACTS AND PROCEDURAL HISTORY

Mr. Bolden purchased two houses, 1146 S.W. Washburn and 421 S.W. Tyler, at a sheriff's sale on August 29, 2001. Unbeknownst to him, however, on August 10 the City, after a hearing of which he had no notice, had ordered that the Washburn property be demolished within 30 days because it was unfit for human habitation and beyond repair. Mr. Bolden allegedly became aware of this when an employee with the City's Housing and Neighborhood Development Department (HND) told him that the property "was supposed to have been obtained by the city" and offered him $5,000 so that he would not "take a big loss," as the City was "going to tear it down." Aplt.App. at 54. Mr. Bolden rejected this offer because the property had previously been appraised at $37,000, although he had paid only $1,900 for it.

At Mr. Bolden's request the City held another hearing concerning the property. On October 15, 2001, the hearing officer found that Mr. Bolden had failed to produce any evidence that he would be able to repair the properties and affirmed the order of August 10. Mr. Bolden then filed for an injunction in state court on November 9, 2001, to prevent the destruction of the property, asserting that the HND had promised him a development grant but was "not following its own rules." Id. at 176. He also claimed that HND's estimates of rehabilitation costs were too high, which caused him "delays and uncertainty in acquiring financing." Id.

Similar developments soon followed with respect to the Tyler property. On January 23, 2002, Mr. Bolden received notice that it was slated for demolition. An administrative hearing was held on March 18. Eight days later the hearing officer found that the Tyler property was unfit for human use and could not be repaired at a reasonable cost; it issued an order that the structures on the property be removed or demolished within 30 days. Mr. Bolden filed suit on April 19, 2002, to enjoin the destruction of the Tyler property. The state court consolidated the two injunction actions and held a hearing on October 30, 2002. Mr. Bolden was represented by counsel (not the attorney on this appeal).

A week later the court denied the requests for injunctions and ordered that the City could proceed with the demolitions on both properties, finding that neither could be renovated at a reasonable cost. The court also ruled that Mr. Bolden had failed to comply with HND's requirements for receiving funding. It found "no legal justification for the issuance of an injunction" and ruled that the City could proceed with the demolition of the structures on the two properties. Id. at 212.

Mr. Bolden filed a request for a new trial, which was denied. Now represented by Bret Landrith (the attorney who submitted the briefs for Mr. Bolden on this appeal), he filed a notice of appeal on December 18, 2002; but he then filed a motion to withdraw the appeal, and it was dismissed on May 5, 2003. Meanwhile, on November 21, 2002, the City had notified Mr. Bolden that his contract to provide janitorial services would lapse at the end of December.

On December 20, 2002, Mr. Bolden filed suit in the United States District Court for the District of Kansas against the City; Mayor Harry Felker; and two City employees, Jay Oyler and Mike McGee. The suit sought a temporary restraining order (TRO) "to prevent the imminent danger and irreparable harm including taking away his janitorial contract in retaliation for protected speech and the demolition of his real property in violation of his civil rights guaranteed under the Constitution of the United States and 42 U.S.C. §§ 1981, 1983 and 1985." Id. at 14. On February 4, 2003, the federal district court denied the request for a TRO and dismissed the complaint. The court held that (1) under the Rooker-Feldman doctrine it had no jurisdiction over Mr. Bolden's claims relating to the demolition of his properties because the claims were "inextricably intertwined" with the state court's decision that the City may proceed with demolition, and (2) Mr. Bolden had failed to allege sufficient facts to support federal jurisdiction on his contract claim. The district court did, however, grant Mr. Bolden leave to file an amended complaint.

The First Amended Complaint, filed on April 29, 2003, alleged that the City had terminated his janitorial contract in retaliation for his protected speech in state court, in violation of 42 U.S.C. §§ 1981 and 1983; and had denied him rehabilitation loans on account of his race, in violation of § 1981 and the Fair Housing Act, 42 U.S.C. § 3605(FHA). It also alleged that the demolition of his properties (the structures on the Washburn property had been demolished on January 27 and those on the Tyler property had been demolished on February 12) had been unlawful in several respects: the use of funds from the United States Department of Housing and Urban Development (HUD) violated 42 U.S.C. § 1982, action under an unreasonable and discriminatory housing code violated § 1983, and failure to comply with HUD regulations violated § 1981. The amended complaint also alleged a variety of additional claims not at issue on this appeal. And it added as defendants Kevin Rooney (an employee of HND), Meg Perry (allegedly the City Director of Code Compliance Services), Jeff White (interim director of HND), McPherson Construction (the contractor that the City had hired to demolish Mr. Bolden's properties), and HUD. It did not specify which defendants committed which actions, alleging only that the various wrongful acts were by "the defendants" and that "the defendants who are individuals ... acted together to violate" Mr. Bolden's rights, in violation of 42 U.S.C. § 1985. Aplt.App. at 126.

The amended complaint sought a declaration that the City had enforced its housing regulations against him "so as to constitute an unconstitutional restraint on his freedom in violation of 42 U.S.C. § 1983," id. at 146; had demolished his houses "without probable cause, in violation of the Fourth and Fifth Amendments to the Constitution, and 42 U.S.C. §§ 1982, 1983," id. at 147; and had tortiously interfered with his janitorial contracting business. It also requested injunctive relief to prevent the defendants "from interfering in [Mr. Bolden's] bidding on federal and private janitorial contracts." Id. at 103.

On May 23, 2003, the City moved to dismiss all claims against, it relating to the demolition of the structures or to the City's refusal to provide funding for repair of those structures. It argued that the claims were barred by the Rooker-Feldman doctrine and precluded by res judicata because of the prior proceedings in state court. Four days later the City filed its answer to the amended complaint.

With leave of court Mr. Bolden filed his Second Amended Complaint on August 15, 2003. It removed McPherson Construction and HUD as defendants and sought damages and attorney fees for the first time. It continued to request injunctive relief (preventing the defendants from interfering with his bidding on janitorial contracts) and declaratory relief (that the defendants had wrongfully used federal funds to demolish his properties).

On February 2,...

To continue reading

Request your trial
533 cases
  • Nat'l Ass'n for the Advancement of Colored People, Inc. v. City of Myrtle Beach
    • United States
    • U.S. District Court — District of South Carolina
    • August 4, 2020
    ..., 693 F.3d 654, 661 (6th Cir. 2012) ; McGovern v. City of Philadelphia , 554 F.3d 114, 118 (3d Cir. 2009) ; Bolden v. City of Topeka , 441 F.3d 1129, 1137 (10th Cir. 2006) ; Oden v. Oktibbeha Cty. , 246 F.3d 458, 463–64 (5th Cir. 2001) ; Butts v. Volusia Cty. , 222 F.3d 891, 894 (11th Cir. ...
  • Medina v. District of Columbia
    • United States
    • U.S. District Court — District of Columbia
    • June 6, 2007
    ...§ 1981 or whether such claims against state actors must be brought exclusively under 42 U.S.C. § 1983. See Bohlen v. City of Topeka, 441 F.3d 1129, 1136-37 (10th Cir.2006) (outlining disagreement). In a recent unpublished opinion, the D.C. Circuit held that a state actor enjoys Eleventh. Am......
  • Hoogerhuis v. Birnbaum
    • United States
    • U.S. District Court — District of New Mexico
    • March 23, 2021
    ...is the means through which a plaintiff may seek redress for deprivations of rights established in the Constitution); Bolden v. City of Topeka, 441 F.3d 1129 (10th Cir. 2006). Section 1983 provides:Every person who, under color of any statute, ordinance, regulation, custom, or usage of any S......
  • Gardner v. Schumacher
    • United States
    • U.S. District Court — District of New Mexico
    • January 13, 2021
    ...exclusive jurisdiction. See D.C. Ct. App. v. Feldman, 460 U.S. 462, 476, 103 S.Ct. 1303, 75 L.Ed.2d 206 (1983) ; Bolden v. City of Topeka, 441 F.3d 1129, 1140 (10th Cir. 2006). See also 28 U.S.C. § 1257 (establishing review by Supreme Court of final judgments of highest court of a state). A......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT