Makhsous v. Daye, No. 20-1624 (7th Cir. 2020)Annotate this Case
Makhsous owned three Wisconsin residential care facilities. In 2015, the Wisconsin Department of Health Services (DHS) found that two of Makhsous’s facilities did not comply with Wisconsin law. Daye is the supervisor of the Aging and Disability Resource Center (ADRC) of Marinette County, which makes recommendations to individuals who inquire about residential care facilities. It does not place individuals in care facilities, monitor care facilities, or issue citations or sanctions to care facilities. In 2016, the ADRC began publishing a “facility directory” for potential residents. Under Wisconsin’s ADRC Operational Practice Guidelines, the directory cannot include facilities that have been found in violation of law.
Makhsous filed suit, alleging that Daye violated the Due Process and Equal Protection Clauses by failing to include Makhsous’s facilities in the ADRC directory and refusing to refer individuals to her facilities. The Seventh Circuit affirmed summary judgment in favor of Daye. Makhsous did not show that Daye harmed a constitutionally protected property interest or discriminated against her. The ADRC directory did not include Makhsous’s facilities because they were found deficient by DHS and because Makhsous failed to ask the ADRC to include them. Makhsous had no rebuttal evidence showing that Daye failed to include her facilities in the directory because of her race.