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Davis v. Salida Housing Authority

United States District Court, D. Colorado

August 2, 2018

JADA DAVIS, Plaintiff,
v.
SALIDA HOUSING AUTHORITY, IDA HANSEN, AMY BARTON, MERLE LITTLEFIELD, TOM SANDEL, GWEN PERSCHBACKER, LORRAINE GREEN, BILLIE JEAN VALDEZ, DAVID WRITE, JACKIE SHEPHERD, JIM LIVECCHI, and THE CITY OF SALIDA, COLORADO, Defendant.

          OPINION AND ORDER ON MOTION FOR SUMMARY JUDGMENT

          Marcia S. Krieger Chief United States District Judge

         THIS MATTER comes before the Court on the Defendant's Motion for Summary Judgment (# 44), the Plaintiff's Response (# 52), and the Defendant's Reply (# 55); and the Plaintiff's Motion for Summary Judgment (# 56) and the Defendant's Response (# 57). For the following reasons, the Motion is granted.

         I. JURISDICTION

         The Court exercises jurisdiction under 28 U.S.C. § 1331.

         II. BACKGROUND [1]

         Plaintiff Jada Davis, proceeding without the assistance of counsel, [2] was a resident of the Mount Shavano Manor apartments, managed by Defendant Salida Housing Authority. Ms. Davis' Complaint alleges that:

• Her apartment was never cleaned. Specifically, the blinds were filthy and the bathroom sink and shower stall were dirty. # 1-1 at 1, # 14 at 17, 24.
• She was threatened with eviction by Defendant Tom Sandell “if I don't allow Mrs. Valdez and Mr. Write into my home - they are racist, unprofessional, disrespectful, and Mrs. Valdez twice refuse to give me [illegible].” # 1-1 at 1.
• Defendant Valdez harassed Ms. Davis from the day she signed her lease, particularly by twice refusing to give out her supervisor's phone number. # 14 at 17, 24.
• Defendant Valdez lied “about getting my food from community room with other tenants”. # 14 at 17, 24.
• Defendant Lorraine Green told Ms. Davis to “see if I can stand on my head and sign for my food box”. # 14 at 17.
• When Ms. Davis went to Defendant Green to complain about Defendant Valdez, she told her that Valdez calls her own grand kids “little shits”. # 14 at 17.
• Defendant Jackie Shepherd egged and spraypainted her car. # 1-1 at 22.
• Defendants Valdez and Ida Hansen, along with other board members, lied about changes in Ms. Davis' lease, apparently to force her out of her apartment. # 14 at 19. Specifically, they attempted to transition Ms. Davis from a lease that terminated upon her death or ...

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