Edwards v. Lutheran Senior Services of Dover, Inc.

603 F. Supp. 315, 1985 U.S. Dist. LEXIS 22399
CourtDistrict Court, D. Delaware
DecidedFebruary 21, 1985
DocketCiv. A. 83-356 MMS
StatusPublished
Cited by4 cases

This text of 603 F. Supp. 315 (Edwards v. Lutheran Senior Services of Dover, Inc.) is published on Counsel Stack Legal Research, covering District Court, D. Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Edwards v. Lutheran Senior Services of Dover, Inc., 603 F. Supp. 315, 1985 U.S. Dist. LEXIS 22399 (D. Del. 1985).

Opinion

MURRAY M. SCHWARTZ, District Judge.

In June, 1981, plaintiff Chalmers A. Edwards was fired from his job as Executive Director of Luther Towers, a low and moderate income housing development. Edwards then instituted this action for reinstatement and damages under 42 U.S.C. § 1983 against Lutheran Senior Services of Dover, Inc. (“LSS”), which owns and operates Luther Towers, and Reverend Raymond C. Best, the president of LSS. Edwards claims that his dismissal deprived him of property and liberty without due process in violation of the Fourteenth Amendment. He also asserts pendent state law claims for breach of contract and defamation.

Defendants assert that a prerequisite to Edwards’ section 1983 claim is that defendants acted “under color of” state law when they fired him, because section 1983 only remedies wrongs that are fairly attributable to the state. Defendants have moved for summary judgment on this claim, alleging, inter alia, that section 1983 does not apply to them because their actions are not state actions. 1 Because the determination of state action requires “sifting facts and weighing circumstances,” Burton v. Wilmington Parking Authority, 365 U.S. 715, 722, 81 S.Ct. 856, 860, 6 L.Ed.2d 45 (1961), the material facts are set forth in detail below.

I. Background

The relevant facts are either undisputed or, if disputed, are set forth as alleged by the plaintiff, the party against whom summary judgment is sought. The Delaware legislature has declared the provision of decent housing affordable by low and moderate income people to be a public purpose and has authorized the Delaware State Housing Authority (“DSHA”) to issue bonds to finance an increase in the supply *317 of this housing. 31 Del.C. §§ 4068, 4053. To carry out this purpose, DSHA provides funds to “housing sponsors,” which are individuals or entities that DSHA determines to be qualified to “own, construct, acquire, rehabilitate, operate, manage or maintain a housing development,” subject to DSHA regulation. 31 Del.C. § 4069(9). Defendant LSS was incorporated as a nonprofit Delaware corporation in June, 1979, for the purpose of providing housing for low and moderate income persons. DSHA designated LSS to be a housing sponsor and, on December 18, 1979, approved a thirty-year mortgage loan of $5,558,245 to LSS to construct Luther Towers. LSS used this money, along with ten thousand dollars of its own money, to acquire land and build the development. LSS is expected to obtain funds to repay the construction loan and cover operating expenses from the rents it receives from tenants and from “section 8” payments from the United States Department of Housing and Urban Development (“HUD”). 2 These section 8 payments are channeled to LSS through DSHA, which acts as agent for HUD.

As a condition of the loan, DSHA required LSS to agree to the extensive restrictions embodied in the Mortgage Agreement, Regulatory Agreement and Building Loan Agreement, all executed contemporaneously by DSHA and LSS on December 18, 1979, and in the Management Agreement. 3 The agreements allow DSHA extensive oversight of the operation and management of Luther Towers. DSHA approval is required for all plans and drawings for Luther Towers, for the form of the leases used by LSS, and for the rental rates for all residential units. Tenants for the residential units must be selected in accordance with guidelines specified by DSHA. The agreements also require LSS to seek section 8 housing payments and to take all necessary steps to insure that the payments continue. LSS is required to submit its operating budget each year for approval by DSHA, and to make all books and documents available for a proper audit at any time. Further, LSS must submit a financial statement each year that is prepared by a DSHA-approved accountant.

DSHA’s supervisory authority over personnel matters is less extensive than its authority over financial matters. Although DSHA established a minimum number of employees of Luther Towers, including an Executive Director, and specified their salaries, the Management Agreement specifically reserves for LSS the power to “hire, pay, supervise, and discharge all managerial and non-managerial personnel.” D.I. 38A, Item 5, § 601. LSS is not required to consult with DSHA before making personnel changes.

DSHA does have potentially greater supervisory powers over the development if LSS violates any provision of the Regulatory Agreement, or if DSHA “deems itself to be insecure with respect to the Mortgage Loan” because of an LSS violation of any agreement with DSHA, 31 Del.C. Chapter 40, or any DSHA rules and regulations promulgated under that statute. D.I. 38A, Item 2, at 20-21, 24-25. If the violation is not corrected to DSHA’s satisfaction within thirty days, DSHA may remove any or all of the officers or directors of LSS and appoint others. 4 DSHA appointees *318 would then serve until the violation is corrected or until DSHA is assured that similar violations will not recur. However, DSHA has never attempted to appoint or remove any officers or directors of LSS, and no DSHA representatives have served on the LSS Board of Directors.

Plaintiffs association with LSS began when he was hired as Executive Director by the LSS Board in December, 1980, shortly after Luther Towers opened. Defendants soon became dissatisfied with plaintiffs performance of his duties, and the Board established a personnel committee in May, 1981, which discussed and evaluated plaintiffs job performance without his knowledge or presence. On June 16, 1981, the committee decided that plaintiff should be fired. Before the full Board met, however, Reverend Best notified DSHA that Edwards would be fired. On June 23, 1981, the Board accepted the personnel committee’s recommendation, then called plaintiff in and fired him. Two months after the firing, the Board gave plaintiff a post-termination hearing and reaffirmed its decision to dismiss plaintiff. Thereafter, plaintiff brought this action under 42 U.S.C. § 1983 and state law, contending, inter alia, that he was terminated without due process in violation of the Fourteenth Amendment.

II. State Action Analysis

Defendants contend that plaintiff’s 42 U.S.C. § 1983 claim is not viable because the firing did not involve state action. 5 The Fourteenth Amendment only prohibits deprivations of property or liberty caused by state action. Section 1983, which allows private persons to enforce their constitutional rights, only provides a right of action if the defendant was acting under color of state law.

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Related

Schutt v. Melmark, Inc.
186 F. Supp. 3d 366 (E.D. Pennsylvania, 2016)
Stubenfield v. Chicago Housing Authority
6 F. Supp. 3d 779 (N.D. Illinois, 2013)
Edwards v. Lutheran Senior Services of Dover, Inc
779 F.2d 42 (Third Circuit, 1985)

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Bluebook (online)
603 F. Supp. 315, 1985 U.S. Dist. LEXIS 22399, Counsel Stack Legal Research, https://law.counselstack.com/opinion/edwards-v-lutheran-senior-services-of-dover-inc-ded-1985.