Raphael Jackson, et al. v. Mills Properties, Inc., et al.

CourtDistrict Court, E.D. Missouri
DecidedNovember 26, 2025
Docket4:25-cv-01719
StatusUnknown

This text of Raphael Jackson, et al. v. Mills Properties, Inc., et al. (Raphael Jackson, et al. v. Mills Properties, Inc., et al.) is published on Counsel Stack Legal Research, covering District Court, E.D. Missouri primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Raphael Jackson, et al. v. Mills Properties, Inc., et al., (E.D. Mo. 2025).

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION

RAPHAEL JACKSON, et al., ) ) Plaintiffs, ) ) v. ) Case No. 4:25-CV-1719-ZMB ) MILLS PROPERTIES, INC., et al., ) ) Defendants. )

MEMORANDUM AND ORDER Before the Court are self-represented Plaintiffs Raphael Jackson and Chaley Grant’s Applications to Proceed in District Court Without Prepaying Fees and Costs. Docs. 4, 7. Based on Plaintiffs’ financial information, the Court finds they are unable to pay the filing fee and grants the applications. However, after an initial review of the Complaint under 28 U.S.C. § 1915(e)(2)(B), the Court dismisses this action pursuant to the Rooker-Feldman doctrine and other abstention doctrines that preclude review of Plaintiffs’ claims due to parallel state-court litigation. BACKGROUND I. Factual Background This action arises out of two state-court proceedings involving an apartment lease: (1) Plaintiffs’ petition for violation of Fair Housing Act (FHA) and Missouri Human Rights Act, and (2) Defendants’ petition for unlawful detainer.1 Plaintiffs are facing an imminent threat of eviction, and they have filed this third case in federal court, again alleging violations of the FHA.

1 Plaintiffs ask the Court to take judicial notice of certain filings in the underlying state-court actions. See Doc. 9. The Court will take notice of those records as well as the other filings from each case. See Holmbeck v. Solomon, No. 2:19- CV-00154-LPR, 2021 WL 10131577, *8 n.85 (E.D. Ark. Mar. 31, 2021) (“The Court can and does take judicial notice of the state court action and the contents of the state court docket.” (collecting cases)). The remainder of this section draws on facts from both dockets, construed in the light most favorable to the Plaintiffs. See Pavon v. Norfolk Police Dep't, No. 4:07CV3021, 2007 WL 3203071, at *2 (D. Neb. Oct. 29, 2007) (“Under 28 U.S.C. § 1915(e)(2)(B)(ii), the court must construe the allegations of a complaint in the light most favorable to the plaintiff.” (citation omitted)). In July 2025, Plaintiffs signed a lease with Defendant Mills Properties, Inc. and moved into an apartment in the Boulder Springs Apartment complex in Maryland Heights, Missouri. Four days later, the groundskeeper reported a strong odor of marijuana in the hallway outside Plaintiffs’ apartment. In response, the assistant property manager visited the floor and confirmed the presence of an odor in the hallway and at the door of Plaintiffs’ apartment. At the time, Plaintiffs were the

only family living on the second floor. Defendants tacked a note to Plaintiffs’ apartment door notifying them of this purported lease violation and that further violations of the policy could result in the termination of their tenancy. Plaintiffs deny that they violated the smoking policy. Two weeks after receiving the violation notice, Plaintiff Raphael Jackson emailed Defendant Kirk Mills, President and CEO of Mills Properties, and copied 34 additional recipients, including many of Defendants’ employees. Jackson’s email informed Defendants that Grant was in her sixth month of a high-risk pregnancy and was suffering extreme bouts of suicidal ideation. Defendants characterized this email as threatening and notified Plaintiffs in a letter that the email violated the provision of the lease agreement that forbids harassment of Defendants’ employees. Because of

this purported lease violation, Defendants terminated the lease effective August 23, 2025.2 Plaintiffs contend these alleged lease violations are merely pretext for Defendants’ discrimination against them based on familial status, race (African American), and disability (pregnancy). II. Underlying State Court Proceedings Following the dispute between Plaintiffs and Defendants, the parties initiated two state- court proceedings. First was a state court petition filed by Plaintiffs. The second was a detainer proceeding filed by Defendants seeking to evict Plaintiffs Both cases are still pending, with the latter proceeding on appeal.

2 This letter cites the violation of the anti-harassment policy as reason for terminating the lease termination, whereas Defendants’ complaint in unlawful-detainer cites the violation of the smoking policy. a. Plaintiffs’ Affirmative Litigation On August 21, 2025, Plaintiffs filed a petition in St. Louis County Circuit Court along with an emergency motion for TRO to stop their eviction. See Jackson v. Mills Boulder Springs Elite, LLC, No. 25SL-AC29523 (Mo. 21st Cir. Ct. Aug. 21, 2025). Plaintiffs allege Defendants were evicting them in retaliation for the Jackson’s email, which Plaintiffs characterize as a request for

accommodations under the FHA. The state court quickly denied the TRO on procedural grounds, finding Plaintiffs had not complied with the applicable notice provisions. Id., Order (Aug. 25, 2025). Defendants later moved to dismiss Plaintiffs’ petition for failure to state a claim. In response, Plaintiffs amended their petition, this time specifically alleging violations of the FHA, the Missouri Human Rights Act, and Missouri common law. Id., First Am. Pet. (Sept. 23, 2025). Plaintiffs also requested a preliminary injunction to prevent the eviction proceedings. Id., Proposed Order Granting Prelim. Inj. (Sept. 29, 2025). Defendants again moved to dismiss the amended petition, this time claiming that the petition contained only legal conclusions unsupported by facts. The circuit court gave Plaintiffs 30 days—until November 28—to file a second amended petition

to assert the factual underpinnings of their claims. b. Defendants’ Unlawful-Detainer Action At the same time as Plaintiffs’ state court case was proceeding, Defendants were prosecuting an unlawful-detainer action against Plaintiffs. On August 26, 2025, Defendants filed their unlawful-detainer action in St. Louis County Circuit Court seeking a judgment against Plaintiffs for possession of the premises. See Mills Boulder Springs Elite, LLC v. Jackson, No. 25SL-AC30150, Aff. and Compl. in Unlawful Detainer (Mo. 21st Cir. Ct. Aug. 26, 2025). After a trial in mid-October, the state court found in favor of Defendants and ordered Plaintiffs to surrender possession of the apartment. Id., J. (Oct. 16, 2025). Plaintiffs appealed this decision to the Missouri Court of Appeals and moved to stay the writ of execution. See Mills Boulder Springs Elite, LLC v. Jackson, No. ED113974 (Mo. Ct. App. Oct. 29, 2025). The appellate court ordered Plaintiffs to post a $2,352 bond monthly to stay the writ of execution. Plaintiffs then sought a reduction or waiver of the bond due to their inability to pay, but the court denied their request. Id., Ct. Order (Nov. 18, 2025). The trial court then issued

an execution in unlawful detainer for possession of premises. See Jackson, No. 25SL-AC30150, Execution/Garnishment (Nov. 19, 2025). Plaintiffs have since received a “Notice to Vacate Immediately,” which states that Sheriff’s Deputies will evict Plaintiffs if they do not vacate the premises by December 1, 2025. Doc. 9-1 at 10. Plaintiffs also have filed a motion to stay execution of the eviction mirroring their request here. Jackson, No. 25SL-AC30150, Motion (Nov. 25, 2025). III. Procedural Background On November 21, 2025, more than a month after the unlawful-detainer judgment, Plaintiffs filed this action in federal court, alleging violations of the FHA among other claims. Doc. 1. Plaintiffs also filed a motion for TRO to stay the state-court eviction proceedings pending the adjudication of this FHA action. Doc. 2. In their 96-page Complaint, Plaintiffs detail their

interactions with Defendants following the issuance of the notice of smoking violation. Doc. 1.

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Raphael Jackson, et al. v. Mills Properties, Inc., et al., Counsel Stack Legal Research, https://law.counselstack.com/opinion/raphael-jackson-et-al-v-mills-properties-inc-et-al-moed-2025.