Chapman v. Davis

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF OHIO

EASTERN DIVISION

Tasha Chapman,

Plaintiff, Case No. 2:24-cv-2051

Vv. Judge Michael H. Watson

Justin Davis, ef al., Magistrate Judge Deavers

Defendants.

OPINION AND ORDER

On June 27, 2024, Magistrate Judge Deavers issued a Report and

Recommendation (“R&R”), ECF No. 21, granting Tasha Chapman (“Plaintiff”)

leave to proceed in forma pauperis and recommending, after an initial screen

under 28 U.S.C. § 1915(e)(2), the Court dismiss Plaintiffs Complaint. /d.

Plaintiff objects to the R&R. Obj., ECF No. 21; Brief, ECF No. 27.

Plaintiff also objects to an earlier Order striking her First Amended

Complaint. Obj., ECF No. 19; Brief, ECF No. 27.

Plaintiff also moves for a Temporary Restraining Order (“TRO”) enjoining

Defendant Heels Home, Ltd. (“Heels Home”) and any of its agents; Sheriff Dallas

Baldwin; the Franklin County Sherriff's Office, including any of its deputies or

agents; and the Franklin County Municipal Court Bailiffs Office, and any of its

agents, from acting upon a “final notice” issued on July 9, 2024, in connection

with the state eviction proceedings. See Mot., ECF No. 22."

For the following reasons, Plaintiff's objections are OVERRULED, the R&R

is ADOPTED, Plaintiffs motion for a TRO is DENIED, and Plaintiff's case is

DISMISSED.

I. BACKGROUND

A. Family Status and Race Discrimination

Plaintiff alleges the following in her Complaint. Plaintiff and her minor

children participate in the Section 8 Housing Choice Voucher (“HCV”) program.

Compl. J 1,6, ECF No. 1-1. Plaintiff and her children are African American or

Black. /d. ¥ 2.

Defendant Columbus Metropolitan Housing Authority (“CMHA”) and

Defendant Consultants to Government and Industry Incorporated (“CGI”) sent

Plaintiff an annual recertification package, related to her continued participation

in the HCV program. /d. 4. The package included a “Declaration Page,”

demanding she provide an updated lease showing that her minor children are no

longer in the house. /d. J 4—5.

1 The Court notes that Plaintiff also filed two Notices of Appeal. ECF Nos. 24 and 25.

However, the Orders Plaintiff attempts to appeal, ECF Nos. 13 and 21, are not final

appealable orders until the Court has resolved the outstanding objections. Accordingly,

this Court is not divested of jurisdiction. See Lewis v. Alexander, 987 F.2d 392, 394-95

(6th Cir. 1993) (“[T]he district court retains jurisdiction over an action when an appeal is

untimely, is an appeal from a non-appealable non-final order, or raises only issues that

were previously ruled upon in that case by the appellate court.” (internal citations and

quotations omitted)).

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In March 2023, CMHA and CGI sent her a letter notifying her that CGI

intended to terminate her participation in the HCV program for failing to complete

the re-examination packet and failing to provide all requested information. /d.

q 6. Plaintiff did not provide an updated lease. /d. { 7.

Based on these facts, Plaintiff brings claims against CMHA and CGI for

(1) discrimination based on family status and race under 42 U.S.C. § 3613, id.

{ 9, and (2) conspiracy to deprive her of her rights under the First and Fourteenth

Amendments, in violation of 42 U.S.C. § 1983, id. J 11.

B. Disability Discrimination

Plaintiff leases a house located at 1539 Republic Ave., Columbus, Ohio

43211 (“Property”) from Defendant Heels Homes Ltd. (“Heels Homes”), which

hired Defendant 4 Real Estate (“4 Real Estate”) to manage the Property. /d.

q 14. Defendant Corey Barnes (“Barnes”) is an agent of 4 Real Estate. Plaintiff

and her children each have a disability. /d. 3.

In March 2024, 4 Real Estate posted a notice on the Property advising

Plaintiff that, per the Lease, pets are not allowed. /d. 113. Believing Plaintiff had

a dog, the notice gave Plaintiff the option of paying a $400 non-refundable pet

fee within 48 hours or removing the pet from the Property; it advised Plaintiff that

failure to take one of these options within 48 hours would result in a violation of

the Lease. /d. 713. Plaintiff responded to Barnes that Nemo Chapman

(‘Nemo’), Plaintiff's dog, was an emotional support animal (“ESA”) and that

Plaintiff has a disability. fd. | 14.

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Over the following week, Barnes repeatedly requested Plaintiff provide

Nemo’s medical records to show that he was up to date on all vaccinations. /d.

7 15. Plaintiff quotes portions of several communications. /d. During the same

time frame, Barnes requested to do an appraisal of the Property. /d. { 16.

Based on these facts, Plaintiff brings a claim against Heels Homes and 4

Real Estate for discrimination based on disability under 42 U.S.C. § 3613. Id.

q 19.

ll. ANALYSIS

As an initial matter, the Court first addresses Plaintiff's objections to

Magistrate Judge Deaver’s Order striking Plaintiffs Amended Complaint, Order,

ECF No. 13 (the “June 18, 2024 Order”). See generally, Obj., ECF No. 19; Brief,

ECF No. 26.

In Plaintiffs Amended Complaint, ECF No. 5, Plaintiff adds claims against

Attorney Michael Cassone (“Cassone”) and Heels Homes for retaliation under 42

U.S.C. § 3617 and for human trafficking under the Trafficking Victims Protection

Act, presumably under 18 U.S.C. § 1595, which provides a private right of action

for the victims of human trafficking (“New Claims”). See Amd. Compl. | 1-10,

ECF No. 5; see also Lagayan v. Odeh, 199 F. Supp. 3d 21, 27 (D.D.C. 2016).

Both New Claims are based on the initiation of eviction proceedings in the

Franklin County Municipal Court. /d.

The June 18, 2024 Order struck the Amended Complaint because the New

Claims did not relate to the family status, race, or disability discrimination claims

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raised in the original Complaint. See ECF No. 13. It directed Plaintiff to file the

New Claims in a separate lawsuit. /d.

Plaintiff objects to the June 18, 2024 Order, arguing she had the right to

amend her Complaint once as a matter of course under Federal Rule of Civil

Procedure 15(a), and that the New Claims are related to the claims in her

Complaint in that Heels Homes and Cassone initiated the eviction in furtherance

of the same unlawful discrimination alleged in the Complaint. See generally,

Brief, ECF No. 26.

On de novo review, the Court finds that Plaintiffs Amended Complaint was

arguably improperly stricken. See Fed. R. Civ. P. 15(a)(1) (“[a] party may amend

its pleading once as a matter of course within ... 21 days after serving it[.]"); see

also Tolliver v. Noble, 752 F. App’x 254, 261-62 (6th Cir. 2018) (“[S]ince the

Prison Litigation Reform Act’s screening requirements—28 U.S.C. §§

1915A(b)(1) & 1915(e)(2)(B); 42 U.S.C. § 1997e(c)(1}—say nothing about

whether a district court can allow a prisoner to amend his complaint, we have

held that courts may grant leave to amend even if the inmate’s complaint is

otherwise subject to dismissal under the PLRA.” (cleaned up)); but see Fed. R.

Civ. P. 20(a)(2) (providing that, under the permissive joinder rules, “[pJersons . . .

may be joined in one action as defendants” only if the claims against the

defendants “aris[e] out of the same transaction, occurrence, or series of

transactions or occurrences;” and there is a “question of law or fact common to

all defendants”). Accordingly, for the sake of clarity, the Court will sustain

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Plaintiffs objection and conduct an initial screen of the claims in the Amended

Complaint.

For the same reasons that Plaintiffs original Complaint fails to state a

claim for discrimination under Titie VIII of the Fair Housing Act, see infra

Part II.C, Plaintiff cannot state a retaliation claim under 42 U.S.C. § 3617 against

Cassone and Heels Homes based on the eviction. See 42 U.S.C. § 3617 (“It

shall be unlawful to coerce, intimidate, threaten, or interfere with any person in

the exercise or enjoyment of, or on account of his having exercised or enjoyed . .

. any right granted or protected by section 3603, 3604, 3605, or 3606 of this

title.”). Other than the fact of the initiation of eviction proceedings, Plaintiffs

Amended Complaint alleges no new facts to support her claim. See Amd.

Compl. J 1-10, ECF No. 5. Accordingly, Plaintiffs Amended Complaint fails to

state a retaliation claim under 42 U.S.C. § 3617 based on the eviction.

With respect to the trafficking claim, the Amended Complaint is devoid of

any facts which would support a claim based on a violation of the Trafficking

Victims Protection Act. Plaintiff cites 22 U.S.C. § 7102, a definitions section, but

fails to allege any facts to support a claim that the eviction proceedings are an

abuse of legal process. Therefore, Plaintiff fails to state a trafficking claim.

In sum, Plaintiff's objections to the June 18, 2024 Order are SUSTAINED

and the claims in the Amended Complaint are DISMISSED WITHOUT

PREJUDICE on initial screen.

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The Court now turns to Plaintiff's objections to the R&R on the original

Complaint. See generally, Brief, ECF No. 27.

A. Family Status Discrimination

To state a claim for discrimination under Title VIII of the Fair Housing Act,

Section 3604(c), Plaintiff must allege, inter alia, a statement indicating a

preference, or limitation or discrimination, on the basis of a protected class.

Miami Valley Fair Hous. Ctr., Inc. v. Connor Grp., 805 F. Supp. 2d 396, 406-07

(S.D. Ohio 2011) (citation omitted).

With respect to Plaintiffs family status discrimination claim against CMHA

and CGI, the R&R finds that Plaintiff fails to allege a discriminatory statement.

R&R 5-6, ECF No. 21. Plaintiff objects to the R&R’s finding, arguing that CMHA

and CGI’s alleged statements indicate a preference for a household without

minor children. Brief 5-6, ECF No. 27.

The Court disagrees that the statements indicate a preference for a

household with minor children. Plaintiff alleges two of CMHA and CGI’s

statements were discriminatory. See Compl. | 4-7, ECF No. 1-1. First, the

demand that Plaintiff provide an updated lease, removing her minor children’s

names from the lease, Compl. 4 5, ECF No. 1-1, is not itself a statement showing

a preference, limitation, or discrimination on the basis of family status. In fact,

Plaintiff alleges CMHA and CGI did not demand other participants with minor

children provide an updated lease, id., which tends to show this request was not

discriminatory towards households with minor children. Second, as alleged in

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the Complaint, CMHA and CGI notified Plaintiff of CGI’s intent to terminate her

from the HVC program, not due to her family status, but because of her failure to

provide the requested information. See id. J 6. Plaintiff alleges no other facts to

support the discriminatory nature of the two statements, nor does Plaintiff allege

any other discriminatory statements made by CMHA and CGI. Accordingly,

Plaintiff fails to state a claim for discrimination based on family status,” and the

objection is OVERRULED.

B. Racial Discrimination Claim

Plaintiff also objects to the R&R’s finding that Plaintiff fails to point to any

racially discriminatory statements to support her claim against CMHA and CGI for

discrimination based on race under Title VIII of the Fair Housing Act. Brief 8-9,

ECF No. 27.

Plaintiff must allege a statement indicating a preference, or limitation or

discrimination, on the basis of race. See Miami Valley Fair Hous. Cér., Inc., 805

F. Supp. 2d at 406-07 (citation omitted). But Plaintiff does not allege any racially

discriminatory action on the part of CMHA and CGI, and instead only cites the

same two statements supporting her family status discrimination claim. Compl.

q 5-7, ECF No. 1-1. Neither of those statements indicates a preference,

limitation, or discrimination based on race. That Plaintiff alleges she and her

2 Plaintiff also states in her objection that an updated lease was not a true requirement

of the HCV program. Brief 5, ECF No. 27. Plaintiff does allege this in the Complaint,

and, in any event, Plaintiff still fails to allege the request for an updated lease was

discriminatory.

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children are “African American” or “Black,” and Native American, Compl. {| 2,

ECF No. 1-1, and that Defendants are white, is not enough to state a claim for

discrimination based on race. Brief 9, ECF No. 27. Accordingly, the objection is

OVERRULED.

C. _ Disability Discrimination

Plaintiff makes three objections to the R&R regarding her disability

discrimination claim.

First, Plaintiff objects to the R&R on the grounds that Plaintiff has stated a

claim based on Heels Homes’ and 4 Real Estate’s refusal to make a reasonable

accommodation for Plaintiff to keep her ESA based on her disability. Brief 6,

ECF No. 27.

To state a claim based on Heels Homes’ and 4 Real Estate’s failure to

make reasonable accommodations for Plaintiff's disability, Plaintiff must allege:

(1) she suffers from a disability within the meaning of FHA; (2) the

defendant knew or reasonably should have known of the disability; (3)

the requested accommodation may be necessary to afford an equal

opportunity to use and enjoy the dwelling; (4) the accommodation is

reasonable; and (5) the defendant refused to make the

accommodation.

Overlook Mut. Homes, Inc. v. Spencer, 415 F. App’x 617, 621 (6th Cir. 2011)

(cleaned up); see also 42 U.S.C. § 3604(f)(3).

Here, Plaintiff fails to allege Heels Homes and 4 Real Estate refused to

make the accommodation after learning of Plaintiff's disability and Nemo’s ESA

status. Instead, Plaintiff alleges that during the week following notice, Defendant

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repeatedly requested proof that Nemo was up to date on all vaccinations.

Compl. J 15, ECF No. 1-1. The request for Nemo’s vaccination records is not a

refusal to allow Plaintiff to keep her ESA as a reasonable accommodation. Cf,

Overlook Mut. Homes, Inc., 415 F. App’x at 621—22 (finding that housing

provider's request for information did not amount to a denial of the

accommodation). Accordingly, this objection is OVERRULED.

Second, Plaintiff objects to the R&R’s finding that “Plaintiff fails to identify

any reference to Plaintiffs disability or her ESA.” Brief 6, ECF No. 21.

The R&R states:

Plaintiff also again alleges that Heels Homes [] and 4 Real [Estate]

made statements relating to an upcoming appraisal and inspection,

but—as was the case in Chapman /—Plaintiff fails to identify any

references to Plaintiff's disability or her ESA.

R&R 7, ECF No. 21 (emphasis added).

Plaintiffs second objection to the R&R is unavailing. Although Plaintiff is

correct that she identified statements regarding her disability and her ESA, as

explained above, those statements fail to state a claim for failure to make

reasonable accommodations for a disability. Further, the statements regarding

the appraisal do not themselves indicate a preference, or limitation or

discrimination, on the basis of Plaintiff's disability, and Plaintiff fails to otherwise

allege any facts to support that Heels Homes’ and 4 Real Estate’s desire to do an

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appraisal of the Property was discriminatory. * See Compl. {| 16, ECF No. 1-1.

Accordingly, this objection is OVERRULED.

Third, Plaintiff objects to the R&R on the grounds that it was improper to

consider the allegations from Tasha Chapman v. Columbus Metropolitan

Housing Authority, et al., Case No. 2:24-cv-1789 (“Chapman !”), Compl., ECF

No. 3, because that Complaint was dismissed without prejudice. Brief 7-8, ECF

No. 27: see also R&R 6, ECF No. 21. On de novo review of the objected to

portions of the R&R, the Court has only considered the allegations in the

Complaint in this case, ECF No. 1-1. Accordingly, this objection is OVERRULED

as MOOT.

Finally, the Court turns to Plaintiffs motion for a TRO, ECF No. 22.

D. TRO

Plaintiff again moves fora TRO. See, ECF No. 22.

The United States Court of Appeals for the Sixth Circuit has recognized

that the purpose of a TRO “is to preserve the status quo so that a reasoned

resolution of a dispute may be had.” Procter & Gamble Co. v. Bankers Tr. Co.,

78 F.3d 219, 226 (6th Cir. 1996). When considering whether to issue a TRO, a

Court considers four factors:

(1) whether the movant has a strong likelihood of success on the

merits, (2) whether the movant would suffer irreparable injury absent

3 To the extent Plaintiff argues the appraisal statements were discriminatory because

they demanded she put her ESA away during the appraisal visit, see Brief 7, ECF No.

27, this was not alleged in the Complaint, and even if it had been, it does not make the

statements discriminatory.

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a stay, (3) whether granting the stay would cause substantial harm to

others, and (4) whether the public interest would be served by

granting the stay.

Ohio Democratic Party v. Donald J. Trump for President, Inc., No. 16-4268, 2016

WL 6608962, at *1 (6th Cir. Nov. 6, 2016) (internal citations omitted).

Here, because all of Plaintiffs claims have been dismissed on initial

screen, Plaintiff cannot show a strong likelihood of success on the merits.

Accordingly, the motion for a TRO is DENIED.

lil. CONCLUSION

In sum, Plaintiff's objections to the June 18, 2024 Order are SUSTAINED

and the claims in the Amended Complaint are DISMISSED WITHOUT

PREJUDICE on initial screen. Plaintiffs objections to the R&R are

OVERRULED, the R&R is ADOPTED, and Plaintiff's remaining claims are

DISMISSED WITHOUT PREJUDICE. Finally, with no remaining claims pending,

Plaintiffs motion for a TRO is DENIED.

The Clerk shall terminate all ECF Nos. 19, 21, and 22, and un-strike ECF

No. 5. The Clerk shall close this case.

Finally, the Court considers the R&R’s finding that the Court should impose

restrictions. This is the seventh lawsuit Plaintiff has filed in this Court, including

this case, six of which were filed this year. See Chapman v. Franklin County

Sheriff, et al., Case No. 2:22-cv-2524; Chapman v. Franklin County Board of

Commissioners, et al., 24-cv-29; Chapman v. The State of Ohio, Case No. 2:24-

cv-843; Chapman v. Columbus Metropolitan Housing Authority, et al., Case No.

Case No. 2:24-cv-2051 Page 12 of 14

2:24-cv-1789; Chapman v. Yost, Case No. 2:24-cv-1865; and Chapman v.

Franklin County Court of Common Pleas - General Division, et al., Case No. 24-

cv-2258. Four of those suits have been dismissed, including one that contains

many of the same allegations that are the subject of this this case. See

Chapman v. Columbus Metropolitan Housing Authority, et al., Case No. 2:24-cv-

1789.

“Federal courts have recognized their own inherent power and

constitutional obligation to protect themselves from conduct that

impedes their ability to perform their Article III functions and to prevent

litigants from encroaching on judicial resources that are legitimately

needed by others.” Meros v. Dimon, No. 2:17-cv-103, 2017 WL

6508723, at *9 (S.D. Ohio Dec. 20, 2017) (quoting Johnson v. Univ.

Housing, No. 2:06-cv-628, 2007 WL 4303728, at * 12 (S.D. Ohio, Dec.

10, 2007) (citing Procup v. Strickland, 792 F.2d 1069, 1073 (11th Cir.

1986))). The Sixth Circuit has upheld various prefiling restrictions trial

courts have imposed on vexatious litigators. See, e.g., Filipas v.

Lemons, 835 F.2d 1145 (6th Cir. 1987); Feathers v. Chevron U.S.A.,

141 F.3d 264, 269 (6th Cir. 1998); Wrenn v. Vanderbilt Univ. Hosp.,

Nos. 94-5453, 94-5593, 1995 WL 111480 (6th Cir. Mar. 15, 1995).

Clemons v. Ohio State Univ., No. 2:18-CV-1217, 2018 WL 6931871, at *4 (S.D.

Ohio Nov. 5, 2018), report and recommendation adopted sub nom. Clemons v.

Kasich, No. 2:18-CV-1217, 2018 WL 6499516 (S.D. Ohio Dec. 11, 2018), aff'd

sub nom. Clemons v. DeWine, No. 19-3033, 2019 WL 7567197 (6th Cir. May 1,

2019).

Based on the above, the Court deems Plaintiff a vexatious litigator and

ENJOINS her from filing any new action in any court in this district, unless she

accompanies such a new action with a certificate from an attorney who is

licensed to practice in this Court or the State of Ohio, stating that there is a good

Case No. 2:24-cv-2051 Page 13 of 14

faith basis for the claims Plaintiff seeks to assert. If Plaintiff files another

complaint in this or any other court, she is ORDERED to include the captions and

case numbers of all of her prior actions.

The Clerk is DIRECTED to refuse to docket any Complaint unless

accompanied by the required certificate.

IT IS SO ORDERED. i f Widow

CHAEL H. WATSON, JUDGE

UNITED STATES DISTRICT COURT

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