Hill

MEMORANDUM AND ORDER

Plaintiffs seek to hold defendant San Francisco Housing Authority liable under federal law for a death and injuries arising from a fire in a Housing Authority apart ment building. Defendant moves to dismiss on the ground that plaintiffs have not identified any enforceable federal rights. The issue presented is not whether plaintiffs have a remedy — they have filed three lawsuits in state court arising out of the same incident — but rather, whether in addition to their state law remedies they state a claim under federal law, 42 U.S.C. section 1983 . After carefully considering the papers filed by the parties, including the parties’ supplemental submissions, and having had the benefit of oral argument, defendant’s motion to dismiss is GRANTED without leave to amend.

BACKGROUND

Plaintiff Sharon Hill (“Hill”) and the decedent, Austin Smith, Jr. (“Smith”), lived in the Protrero Terraces public housing development. Together they had a two-year old grandchild, Austin Smith, IV (“Austin”). On July 18, 2000, a fire broke out in the unit directly below their apartment while they and Austin were home. They attempted to escape down the only set of stairs, but could not…