Schlesinger
Schlesinger v. San Francisco Association of Realtors
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
TOD MICHAEL SCHLESINGER,
Case No. 21-cv-03648-RS Plaintiff, 11 v. ORDER GRANTING MOTION TO DISMISS WITH PREJUDICE
SAN FRANCISCO ASSOCIATION OF
REALTORS, Defendant.
15 I. Introduction On May 14, 2021, Tod Michael Schlesinger, a licensed real estate broker, filed this civil rights action under 42 U.S.C. § 1983 against the San Francisco Association of Realtors (“SFAR”), the SFAR Foundation, and individual board members of SFAR. Schlesinger avers that the Defendants violated his First, Fifth, Eighth, and Fourteenth Amendment rights when they suspended his membership in SFAR. Defendants move to dismiss the lawsuit under Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6), arguing that Schlesinger lacks standing and has failed to aver that SFAR’s actions constitute state action. The court grants the Rule 12(b)(1) motion to dismiss because Schlesinger lacks…