Harris v. Akron Department of Public Health

10 F. App'x 316
CourtCourt of Appeals for the Sixth Circuit
DecidedMay 8, 2001
DocketNos. 00-3497, 00-3511, 00-3528, 00-3540, 00-3544
StatusPublished
Cited by26 cases

This text of 10 F. App'x 316 (Harris v. Akron Department of Public Health) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Harris v. Akron Department of Public Health, 10 F. App'x 316 (6th Cir. 2001).

Opinion

ORDER

Pro se plaintiffs Charlie and Jacqueline Harris, Raymond L. Borom, John H. Harris, Harold Harris, and Anthony C. Mauro (proceeding individually and as President of Urban Imperial Building and Rental Corporation) appeal a district court judgment dismissing their consolidated civil rights actions filed pursuant to 42 U.S.C. § 1983. This case has been referred to a panel of the court pursuant to Rule 34(j)(l), Rules of the Sixth Circuit. Upon examination, this panel unanimously agrees that oral argument is not needed. Fed. R.App. P. 34(a).

[318]*318In 1996, the City of Akron, Ohio (“City”) enacted Ordinance No. 769-1996 (“Ordinance”) (codified at Akron City Envtl. Health Housing Code, Ch. 150 (“Code”)), which provides for, inter alia, the registration and inspection of residential rental property. The plaintiffs all own rental units governed by the Ordinance. Accordingly, Charlie and Jacqueline Harris (Case No. 00-3497) and John Harris and L. Ruth Works (Case No. 00-3528) filed separate pro se suits in federal court in 1996, challenging the constitutionality of the Ordinance; Borom and others (Case No. 00-3511) did likewise in 1997; and Mauro (Case No. 00-3544) did as well in 1998. In May 1998, the aforementioned plaintiffs filed separate amended complaints through counsel, specifically asserting that the Ordinance violated the Fourteenth Amendment.

In December 1998, counsel moved to withdraw upon learning that John Harris possibly had made a personal tape of a court hearing. The district judge held a hearing on the matter and found that Harris had clearly intended to convey the impression that a tape had been made, although it could not be determined whether a tape did exist. The district court thus granted counsel’s motion to withdraw, and denied Charlie Harris’s request for recusal.

During 1999, the district court denied several requests by Charlie and Jacqueline Harris to amend their complaint. Undeterred, the Harrises filed a pro se complaint with the desired changes in state court. The complaint named various city employees as defendants (Keck, Remmel, Forester, and Apati) and raised claims under the Fourth, Fifth, Seventh, Eighth, and Fourteenth Amendments, as well as state law. The defendants removed the action to federal court and the district court consolidated it with the Harrises’ other action (Case No. 00-3497). At about the same time, John Harris and Harold Harris filed a similar state court complaint against some of the same city employees (Keck, Remmel, Williams, Smart, Groegor, Ragle, and Nome). The complaint also raised claims under the Fourth, Fifth, Seventh, Eighth, and Fourteenth Amendments, and state law. The defendants likewise removed this action to federal court (Case No. 00-3540).

Because the plaintiffs had not properly responded to discovery requests in the face of numerous motions to compel, the City filed a Fed.R.Civ.P. 37(c)(1) motion to exclude any additional evidence presented by the plaintiffs from motions practice and trial. The district court granted the motion and thereafter granted summary judgment in favor of all defendants on March 22, 2000.

The plaintiffs have filed timely appeals and separate briefs; this court granted the defendants leave to file a consolidated brief. In their briefs, the plaintiffs reassert that the Ordinance is unconstitutional because it violates the Fourth Amendment (Case Nos. 00-3497/3511/3528/3540), the Double Jeopardy Clause (Case No. 00-3540), the Sixth Amendment (Case No. 00-3540), the Due Process Clause (Case Nos. 00-3497/3511/3544), and the Equal Protection Clause (Case Nos. 00-3497/3511). Charlie and Jacqueline Harris further contend that the district court erred by granting the City’s motion to exclude evidence; Borom argues that the City’s implementation of the Ordinance violates the Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. § 1951 et seq.; and John Harris raises the issue of judicial bias (Case No. 00-3528). The plaintiffs request oral argument and move for miscellaneous relief.

Initially, we note that the sole appellants properly before the court consist [319]*319of Charlie and Jacqueline Hams, Raymond L. Borom, John H. Harris, and Anthony C. Mauro (proceeding individually). L. Ruth Works and Harold Harris failed to sign their respective notices of appeal. See Mattingly v. Farmers State Bank, 158 F.8d 336, 337 (6th Cir.1998). Jacqueline Harris is a proper appellant because her spouse signed on her behalf. See Fed. R.App. P. 3(c)(1)(A). Mauro may not proceed on behalf of Urban Imperial Building and Rental Corporation, as a corporation must be represented in court by an attorney and may not be represented by an officer. See Doherty v. Am. Motors Corp., 728 F.2d 334, 340 (6th Cir.1984); Ginger v.. Cohn, 426 F.2d 1385, 1386 (6th Cir. 1970).

We decline to consider Borom’s argument that the City’s implementation of the Ordinance violates RICO. Borom did not raise this claim in his complaint, and no exceptional circumstances are present which merit its consideration. See Enertech Elec., Inc. v. Mahoning County Comm’rs, 85 F.3d 257, 261 (6th Cir.1996).

Upon de novo review, we conclude that the district court properly granted summary judgment to the defendants for the reasons stated in its opinion. See Harrow Prods., Inc. v. Liberty Mut. Ins. Co., 64 F.3d 1015, 1019 (6th Cir.1995).

The Ordinance does not violate the Fourth Amendment as it expressly provides that if entry is refused, an inspection may only be conducted as provided by law, and that the Ordinance shall not be construed to require an owner to consent to a warrantless inspection. See Code § 150.02(A); Camara v. Mun. Ct. of San Francisco, 387 U.S. 523, 540, 87 S.Ct. 1727, 18 L.Ed.2d 930 (1967). Furthermore, the plaintiffs have provided no evidence of any warrantless inspection carried out in the absence of both consent and emergency conditions.

The requirement of mandatory inspections following a criminal conviction does not violate the Double Jeopardy Clause as it is a civil sanction which serves the legitimate nonpunitive governmental objective of maintaining safe rental housing. See Hudson v. United States, 522 U.S. 93, 98-99, 118 S.Ct. 488, 139 L.Ed.2d 450 (1997).

The plaintiffs’ allegations that the Ordinance has been applied in violation of the Sixth Amendment are too vague and conclusory to state a claim. See Morgan v. Church’s Fried Chicken, 829 F.2d 10, 12 (6th Cir.1987).

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