Reported / Citable
Background
Amanda Davis sued Roshan Patel, whom she alleged owned an Extended Stay America in Houston. Davis alleged that she was placed in a mold-filled room, that the hotel flooded and damaged her clothing, and that she was discriminated against because she is a woman. She sought $800 million in damages.
Patel moved to dismiss under Rule 12(b)(6). Davis, proceeding pro se, did not respond. The court treated that nonresponse as no opposition under the local rules but independently considered the merits and construed her complaint liberally.
The Court’s Holding
The court granted Patel’s motion and dismissed all claims. Davis did not identify a statutory basis for her discrimination claim. Construing the claim under Title II of the Civil Rights Act, the court held that the statute does not prohibit sex discrimination; it covers discrimination in public accommodations based on race, color, religion, or national origin.
Construing the claim under the Fair Housing Act, the court held that Davis’s bare assertion that she was discriminated against because she is a woman did not plausibly allege that her sex was connected to the complained-of hotel conditions. Her negligence claim likewise lacked facts showing a duty, breach, and causation; the allegation that hotel staff waited two days to move her from a mold-filled room was insufficient as pleaded.
Key Takeaways
- A conclusory allegation of sex discrimination does not state a Fair Housing Act claim without facts linking sex to the challenged treatment.
- Title II of the Civil Rights Act does not cover discrimination based on sex.
- A negligence complaint must plead facts supporting duty, breach, and causation, not merely an allegedly unsafe condition and resulting damage.
Why It Matters
The decision illustrates that even liberally construed pro se pleadings must satisfy Rule 8 and the plausibility standard. Allegations involving poor hotel conditions do not themselves establish discriminatory treatment or negligence without facts tying the defendant’s conduct to the required elements of each claim.