Tri-Corp Housing Inc. v. Bauman

Dist. Ct. did not err in entering judgment in defendant-Milwaukee alderman’s favor in section 1983 action by plaintiff-non-profit corporation offering low-income housing to disabled individuals, alleging that defendant’s harsh criticism and press releases critical of plaintiff’s operations constituted form of interference with its contracts with third-parties and violated Fair Housing Act, Rehabilitation Act and Americans with Disabilities Act (ADA). Plaintiff could not base section 1983 action on alleged violations of Rehabilitation Act or ADA, since: (1) plaintiff would not be able to sue defendant under either statute because defendant was not within category of individuals being liable under either statute; and (2) plaintiff could not use section 1983 action to essentially alter/expand categories of persons potentially liable in private actions under either statute. Moreover, under Noerr-Pennington doctrine, defendant’s First Amendment rights covering his political speech precluded plaintiff from basing instant 1983 action on any alleged violation of Fair Housing Act.