Danielle Washington v. Housing Authority of the City of Columbia, No. 21-2059 (4th Cir. 2023)
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Plaintiff’s father died of carbon monoxide poisoning in his apartment at Allen Benedict Court Apartments, a housing complex owned and maintained by the City of Columbia Housing Authority. The city police and fire chiefs concluded that the cause of the man’s death was a faulty, thirty-year-old furnace that had caused carbon monoxide to leak into his apartment, as well as several others. Plaintiff and the personal representative of his estate appealed the district court’s dismissal of her complaint against the City of Columbia Housing Authority (“Housing Authority”) for failure to state a claim upon which relief could be granted.
The Fourth Circuit reversed, concluding that Plaintiff alleged sufficient facts to plead a Section 1983 claim against the Housing Authority. The court wrote that Plaintiff has alleged enough facts at this early stage to establish that the Housing Authority recognized the risk of carbon monoxide poisoning and acted inappropriately in light of that risk. By affirmatively adopting regulations recognizing the life-threatening danger of missing carbon monoxide detectors, the Housing Authority demonstrated that it knew the risk of harm that the man faced. Specifically, the Housing Authority failed to install a single carbon monoxide detector at the man’s 244-unit complex. It provided no preventative maintenance of appliances. In sum, at this early stage, Plaintiff has alleged sufficient facts to establish that the Housing Authority’s policies and customs were the moving force behind the constitutional injury.
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