Hunter v. Dist. of Columbia

• Decision Date: 18 August 2014
• Docket Number: Civil Action No. 12–1960GK
• Citation: 64 F.Supp.3d 158
• Court: U.S. District Court — District of Columbia
• Parties: Anthony Hunter, on his behalf and as parent of his minor daughter, A.H., Plaintiffs, v. The District of Columbia, a municipal corporation, The Community Partnership for the Prevention of Homelessness, Coalition for the Homeless, and Community of Hope, Defendants.

64 F.Supp.3d 158

Anthony Hunter, on his behalf and as parent of his minor daughter, A.H., Plaintiffs

v.The District of Columbia, a municipal corporation, The Community Partnership for the Prevention of Homelessness, Coalition for the Homeless, and Community of Hope, Defendants.

Civil Action No. 12–1960GK

United States District Court, District of Columbia.

Signed August 18, 2014

Amber W. Harding, Washington Legal Clinic for the Homeless, Jeffrey S. Gutman, George Washington University Law School, Washington, DC, for Plaintiff.

Gary Daniel Feldon, Robert Joseph Rich, DC Office of the Attorney General, Marlene L. Johnson, Washington, DC, Deborah Murrell Whelihan, Jordon Coyne, LLP, Fairfax, VA, John S. Vander Woude, Eccleston & Wolf, P.C., Melissa E. Goldmeier, Hanover, MD, for Defendants.

MEMORANDUM OPINION

GLADYS KESSLER, United States District Judge

Plaintiff Anthony Hunter (“Hunter”) and his minor daughter A.H.¹ (collectively, “the Hunters”) filed this action against the District of Columbia (“the District” or “D.C.”), the Community Partnership for the Prevention of Homelessness (“the Partnership”), the Coalition for the Homeless (“the Coalition”), and Community of Hope (“COH”) (collectively, “Defendants”). The Hunters allege that Defendants violated various federal and local anti-discrimination statutes and were negligent.

This matter is presently before the Court on the District's Motion to Dismiss Plaintiffs' First Amended Complaint [Dkt. No. 65] and COH's Motion to Dismiss Plaintiffs' First Amended Complaint [Dkt. No. 66]. Upon consideration of the Motions, Oppositions [Dkt. Nos. 73 and 74], Replies [Dkt. Nos. 77 and 80], the United States of America's Statement of Interest [Dkt. No. 79], the Responses to the United States' Statement of Interest [Dkt. Nos. 93 and 94], the entire record herein, and for the reasons stated below, the District's Motion is granted in part and denied in part, and Defendant COH's Motion is granted in part and denied in part.

I. BACKGROUND

A. Factual Background²

The District, through its Department of Human Services (“DHS”), provides social services for individuals and families in the city who are homeless or at risk of homelessness. First Amended Complaint (“Compl.”) ¶ 8. In doing so, it entered into contracts with various service providers. Id. ¶ 9.

One such contractor, the Partnership, has been retained to manage and direct emergency shelter services. Id. ¶¶ 9–10. As part of its duties, the Partnership runs the District-owned D.C. General Shelter.

Id. ¶ 10. The Partnership contracted with the Coalition to operate the Virginia Williams Family Resource Center (“the Center”), which is the central intake facility for all families seeking placements in shelters. Id. ¶ 12. The Partnership has also contracted with COH to manage the day-today operations at the District-owned Girard Street Apartments. Id. ¶¶ 8, 11.

At the time of the events relevant to this case, Plaintiff Hunter lived with his six-year old daughter, A.H. Id. ¶¶ 7, 36. She was born with and continues to suffer from spina bifida and cri-du-chat syndrome.³ Id. ¶¶ 7, 35. As a result, she uses a wheelchair and cannot engage in “self-care, such as bathing, dressing and eating.” Id. Her medical conditions leave her particularly susceptible to infections, and doctors have recommended she live in an environment that minimizes exposure to infections and other communicable diseases. Id.

On December 7, 2011, the Hunters faced immediate homelessness and applied for placement in a homeless shelter in the District. Id. ¶ 37. While at the Center discussing placement, Hunter told the staff that A.H. had mobility-impairments and that the Hunters needed a non-communal environment with a private bathroom that was wheelchair accessible.Id. ¶¶ 37, 39. The Center staff failed to include the request for a non-communal environment with a private bathroom and included only the request for a wheelchair accessible unit when writing up the Hunters' reasonable accommodation request. Id. ¶ 39.

The Hunters were placed in “Building 12” of the D.C. General Shelter. Id. ¶ 41. Although the room was private, the ramp into the building was too steep to be wheelchair accessible. Id. ¶¶ 43, 46. The Hunters had to share a bathroom with several other families and the staff refused to let the Hunters eat in a separate room. Id. ¶¶ 47–48, 50. While residing in this shelter, A.H. developed a urinary tract infection resulting in the need for treatment at Children's Hospital. Id. ¶ 54. Asserting that the placement did not meet A.H.'s needs, Hunter repeatedly asked that he and A.H. be relocated to an accessible unit. Id. ¶¶ 51, 53.

On or about December 29, 2011, the Hunters were moved to the Girard Street Apartments, where they were given a private apartment. Id. ¶¶ 56, 66. The Hunters were told that the only available unit at the Girard Street Apartments was on the third floor and that they would not receive an accessible unit. Id. ¶¶ 69, 71. There was no elevator, so Hunter had to carry A.H. and her wheelchair up and down two flights of stairs to arrive at or leave the apartment. Id. ¶ 74. Finally, the hallways in the unit were too narrow to accommodate A.H.'s wheelchair. Id. ¶ 75.

There was at least one accessible first floor unit at the Girard Street Apartments that was occupied by a family that did not need the accessible features. Id. ¶ 78. Hunter was told by the program director that she could not require that family to move and that the Hunters would need to stay in the third floor unit. Id. On February 10, 2012, after the intervention of the Hunters' attorney, the Hunters were moved to a first floor unit. Id. ¶ 86. Because the wheelchair lift was broken, Hunter still had to lift the wheelchair up three steps to get to this apartment. Id. ¶¶ 73, 86. As a result of the need to lift and carry A.H.'s wheelchair, Hunter experienced back and chest pain. Id. ¶ 77.

On March 12, 2012, the Hunters moved out of the Girard Street Apartments and into a supportive housing program. Id. ¶ 88.

B. Procedural History

On December 6, 2012, the Hunters filed their Complaint [Dkt. No. 1], and on April 29, 2013, they filed a Motion for Leave to File an Amended Complaint [Dkt. No. 54]. On May 17, 2013, the Motion was granted via Minute Order.

On June 3, 2013, the District filed a Motion to Dismiss (“Mot.”) [Dkt. No. 65]. On June 7, 2013, COH filed a Motion to Dismiss (“COH Mot.”) [Dkt. No. 66]. On July 3, 2013, the Hunters filed their Opposition to the District's Motion (“Opp'n”) and COH's Motion (“COH Opp'n”) [Dkt. Nos. 73, 74]. On July 24, 2013, COH filed its Reply (“COH Reply”) [Dkt. No. 77], and an Answer with regard to the two negligence claims [Dkt. No. 78]. On July 26, 2013, the District filed its Reply (“Reply”) [Dkt. No. 81].

On July 26, 2013, the U.S. Department of Justice (“DoJ”) filed a Statement of Interest related to and opposing the District's Motion to Dismiss [Dkt. No. 79].⁴ On October 29, 2013, the District and COH both filed Responses to the Statement of Interest [Dkt. Nos. 93, 94].

II. STANDARD OF REVIEW

Under Rule 12(b)(6), a plaintiff need only plead “enough facts to state a claim to relief that is plausible on its face” and to “nudge[ ] [his or her] claims across the line from conceivable to plausible.” Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007). “[A] complaint [does not] suffice if it tenders naked assertions devoid of further factual enhancement.” Ashcroft v. Iqbal, 556 U.S. 662, 678, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009) (internal quotations omitted) (citing Twombly, 550 U.S. at 557, 127 S.Ct. 1955 ). Instead, the complaint must plead facts that are more than “merely consistent with” a defendant's liability; “the pleaded factual content [must] allow[ ] the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.” Id. at 678, 129 S.Ct. 1937 (citing Twombly, 550 U.S. at 556, 127 S.Ct. 1955 ).

“[O]nce a claim has been stated adequately, it may be supported by showing any set of facts consistent with the allegations in the complaint.” Twombly, 550 U.S. at 563, 127 S.Ct. 1955. Under the standard set forth in Twombly, a “court deciding a motion to dismiss must ... assume all the allegations in the complaint are true (even if doubtful in fact) ... [and] must give the plaintiff the benefit of all reasonable inferences derived from the facts alleged.” Aktieselskabet AF 21., 525 F.3d at 17 (internal quotations and citations omitted); see also Tooley v. Napolitano, 586 F.3d 1006, 1007 (D.C.Cir.2009) (declining to reject or address the government's argument that Iqbal invalidated Aktieselskabet ).

III. ANALYSIS

The District and COH raise several similar arguments. Consequently, the Court will address together the issues raised by both parties to each Count of the Complaint.⁵

A. Counts I and III: Plaintiffs Have Sufficiently Alleged Claims Under Title II of the Americans with Disabilities Act and Section 504 of the Rehabilitation Act

Count I of the Amended Complaint alleges that Defendants violated Title II of the Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12131 et seq, which provides that “no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any such entity.” 42 U.S.C. § 12132.

Count III of the Amended Complaint alleges that Defendants violated Section 504 of the Rehabilitation Act, 29 U.S.C. § 701 et seq. Similar to Title II, Section 504 prohibits programs and activities receiving federal funds from discriminating on the basis of disability. 29 U.S.C. § 794(a) (“No otherwise qualified individual with a disability ... shall, solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal...