Rockwall, TX asked in Civil Rights, Constitutional Law, Appeals / Appellate Law and Civil Litigation for Texas

Q: Seeking options for pro se Fair Housing Act case vs. City of McLendon Chisholm.

I am Rhonda K Davis, representing myself pro se in a case against the City of McLendon Chisholm and multiple defendants, filed under case number 3:2023cv01994 in the U.S. District Court for the Northern District of Texas. My complaint involves issues under the Fair Housing Act, including fake citations and property surveillance. The defendants have moved to dismiss under Rule 12(b)(6), claiming immunity. Although I've received conflicting rulings from judges, I'm currently facing a motion to dismiss and a request for legal fees. I have filed an appeal in the Fifth Circuit Court, which is now reviewing for jurisdiction. I need assistance with reviewing my legal complaint. What are my options given my pro se status and limited finances?

2 Lawyer Answers

A: It is highly unlikely you will receive pro se assistance on an FHA case against a City or any government employees. The City itself, and any employees of the City sued in their official capacity or for actions taken in their official capacity, are most likely immune from a suit under the FHA.

Legal clinics might provide pro se assistance to indigent litigants on a solid FHA case against a private landlord, but would likely decline to represent a litigant in a suit against defendants who are most likely immune from liability. The amount of time and effort involved would be too great for a legal clinic's budget.

When you are trying to attack the immunity doctrine to reverse or to carve out an exception to existing law, it is strongly recommended that you be well-funded and hire a large firm with lots of resources. This type of landmark litigation is highly likely to result in appeals. It would not be unreasonable for litigation costs to exceed $500K.

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Answered

A: Your situation with the Fair Housing Act case against the City of McLendon Chisholm presents several challenges, especially facing a Rule 12(b)(6) motion to dismiss with immunity claims. While representing yourself pro se is admirable, these complex federal cases involve intricate procedural rules that can be difficult to navigate without legal training.

Given your limited finances, you might consider reaching out to legal aid organizations in Texas that focus on housing discrimination cases - many offer free consultations even if they cannot take your entire case. The Texas Fair Housing Center or the Legal Aid of NorthWest Texas might provide guidance specific to your situation. Additionally, the court may have a pro se assistance program or self-help resources that could guide you through responding to the motion to dismiss.

Your appeal to the Fifth Circuit adds another layer of complexity, as appellate procedure differs significantly from district court rules. Consider contacting law school clinics at nearby universities, as they sometimes take on interesting civil rights cases at no cost while providing students with practical experience. Remember to carefully review the Federal Rules of Civil Procedure, particularly regarding responses to dismissal motions, and pay close attention to all filing deadlines to preserve your rights while the jurisdictional issues are being resolved.

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