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Moore v. Capital Realty Group Inc.

Wheelchair User's Rights Suit Dismissed; Injury to HUD Not Alleged, Immunity Not Waived

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DECISION and ORDER JURISDICTION On June 7, 2023, the parties to this action consented pursuant to 28 U.S.C. §636(c)(1) to proceed before the undersigned (Dkt. 49). The matter is presently before the court on Defendant Fudge’s motion to dismiss filed May 23, 2023 (Dkt. 43). BACKGROUND and FACTS1 Plaintiff Jerry W. Moore (“Plaintiff” or “Moore”), proceeding pro se, commenced this civil rights action on October 7, 2021, asserting claims under the Americans with Disabilities Act of 1990 (“ADA”), Section 504 of the Rehabilitation Act of 1973 (“Section 504″ or “the Rehabilitation Act”), and the Fair Housing Act of 1968 (“FHA”), against Defendants Capital Realty Group, Inc. (“Capital Realty”), the entity that manages St. John Tower Apartments (“St. John Apartments”), the unknown owner of St. John Apartments, St. John Apartments’ property manager Felicia Pryor (“Pryor”) (together, “St. John Apartments”), the United States Department of Housing and Urban Development (“HUD”). Plaintiff alleges he is a “‘qualified individual with a 100 percent Total and Permanent Disability’ and confined to a wheel chair,” Complaint

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