UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF MICHIGAN 

MICAH FIALKA-FELDMAN Case Number 08-CV-14922 

 

 Plaintiff, Hon. Patrick J. Duggan 

v. 

OAKLAND UNIVERSITY BOARD 

OF TRUSTEES, GARY D. RUSSI, MARY BETH 

SNYDER, and LIONEL MATEN, in their 

official capacity, JURY DEMAND

 Defendants. 

_________________________________________/ 

Michigan Protection & Advocacy Service, Inc. BUTZEL LONG 

Chris E. Davis (P52159) By: Robert A. Boonin (P38172) 

Gabrielle S. Frampton (P59499) 350 S. Main Street, Suite 300 

29200 Vassar Blvd., Suite 200 Ann Arbor, MI 48104 

Livonia, MI 48152 (734) 995-3110 

Phone: (248) 473-2990 Attorneys for Defendant 

Email: cdavis@mpas.org boonin@butzel.com 

Attorney for Plaintiff 

________________________________________/ 

FIRST AMENDED COMPLAINT

I. INTRODUCTION 

1. This is an action for declaratory and injunctive relief as well as damages under the 

Fair Housing Act (FHA), 42 U.S.C. §1301 et seq. and Section 504 of the 

Rehabilitation Act of 1973, 29 U.S.C. § 794(a). 

2. The Plaintiff is a person with a disability who applied to live in Oakland 

University’s on-campus housing. 

3. The application, after initially being approved, was denied for the purported 

reason he was not in a program leading to a degree. 
4. Because of his disability, Plaintiff cannot enroll in one of the University’s 

programs leading to a degree. 

5. Plaintiff is enrolled as a full-time student in the University’s OPTIONS program, 

which does not offer a degree or certificate of completion. 

6. The policy of the University has a disparate impact on students with cognitive 

impairments who are students of the OPTIONS program because it prohibits them 

from living in on-campus housing. 

7. Plaintiff, through his counsel, requested as a reasonable accommodation, that the 

policy be waived or modified for him. The University denied this request. 

II. JURISDICTION AND VENUE 

8. This Court has jurisdiction over the subject matter of this action pursuant to 28

U.S.C. § 1331 and 28 U.S.C. § 1343. Plaintiff’s claim for declaratory and 

injunctive relief are authorized under 28 U.S.C. § 2201-2202 and 42 U.S.C. § 

1983. At all times relevant to this action, Defendants have acted under color of 

state law. 

9. Venue is proper in this U.S. District Court under 28 U.S.C. § 1391(b), because it 

is the district where the Defendant resides and a substantial part of the events or 

omissions giving rise to the Plaintiff’s claim arose here. 

III. PARTIES 

10. The Plaintiff, Micah Fialka-Feldman, is a 24-year-old man, from Huntington 

Woods, Oakland County, Michigan. 

11. Micah Fialka-Feldman has a cognitive impairment which substantially limits one 

or more major life activities, specifically, but not limited to, learning. 

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12. Micah Fialka-Feldman is a student in the OPTIONS program at Oakland 

University. 

13. The Defendant, OAKLAND UNIVERSITY BOARD OF TRUSTEES, is the

governing body of Oakland University (OU) located in Rochester, Oakland 

County, Michigan. 

14. The Board’s authority to act is pursuant to state law, MCL 390.151 et. seq., which 

grants the board full authority to make all decisions relevant to this matter. 

15. Defendant Gary D. Russi is Oakland University’s President since 1996 who also 

has decision making authority for the University and is sued here in his official 

capacity. 

16. Defendant Mary Beth Snyder is Vice President of Student Affairs and Enrollment 

Management at Oakland University. In that capacity, Ms. Snyder is responsible 

for student service programs such as housing. Defendant Snyder is sued in her 

official capacity. 

17. Defendant Lionel Maten is the Director of University Housing at Oakland 

University. In that capacity he is responsible for the operation of the University’s 

dormitory and apartment facilities including the administration of its policies for 

student housing eligibility and is sued in his official capacity. 

IV. FACTUAL ALLEGATIONS 

18. Mr. Fialka-Feldman began attending classes at OU in the winter term of 2004. 

19. Beginning in the fall term of 2007, OU launched the OPTIONS Program and 

admitted Mr. Fialka-Feldman as a student. 

20. The OPTIONS program is an activity or program of OU. 

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21. The OPTIONS program was designed for students with cognitive impairments 

that could not be admitted to OU through the regular admissions process. 

22. OU admitted Mr. Fialka-Feldman as a student to the OPTIONS program. The 

OPTIONS program requires each student, among other responsibilities, to take a 

minimum of 12 credits hours of courses each semester and pay full tuition. 

23. Additionally, Mr. Fialka-Feldman as a student at OU participates in numerous

school activities, the same as do other students admitted to other programs at OU,

including: attending over 25 courses at the University, member of Alpha Phi 

Omega fraternity, member of Hillel student organization, member of the 

leadership retreats at OU, Up Until Dawn, Peace Group, active in the student

government election 2008, and Social Work Club. 

24. Mr. Fialka-Feldman must take several buses each day from his home in 

Huntington Woods, Michigan, to OU’s campus in Rochester, Michigan. Upon 

information and belief his commute is approximately three hours per day. 

25. Because of the long commute and because he wanted a complete university 

experience as do other persons his age, Mr. Fialka-Feldman began making 

inquires about living on-campus in the spring of 2006. 

26. Mr. Fialka-Feldman is capable of living on his own in a dormitory setting and if 

any supports are needed, a local agency, MORC, is ready and able to provide 

assistance. 

27. In the spring of 2007, Micah Fialka-Feldman and his father, Rich Feldman, took a 

pre-arranged tour of the dormitory housing at OU that was arranged by the 

Director of Housing, Defendant Lionel Maten. As previously stated, Defendant

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Maten is responsible for the administration of OU’s policies for student housing 

eligibility. 

28. In the Fall of 2007, Micah Fialka-Feldman applied for on-campus housing in the 

dormitories at OU. 

29. On October 6, 2007, Rich Feldman submitted a check for $100.00 to OU for

deposit on a dormitory room for Micah Fialka-Feldman. 

30. On November 14, 2007, Rich Feldman received an e-mail confirming Micah

Fialka-Feldman was approved and he could begin living in a dorm room oncampus on January 6, 2008. 

31. Then, on November 29, 2007, Micah Fialka-Feldman and his family were 

informed, by e-mail, that he was not eligible to live in the dorm. 

32. On December 3, 2007, the $100.00 deposit was refunded to Rich Feldman from 

the student account. 

33. On April 25, 2008, Mr. Fialka-Feldman’s parents paid his tuition for the Winter 

Term 2008 to OU. 

34. On May 5, 2008, Mr. Fialka-Feldman and his family provided OU officials with 

numerous letters of support, which resulted in a meeting being arranged with 

OU’s Vice President for Student Affairs, Defendant Mary Beth Snyder. 

35. The meeting took place on May 22, 2008, and Defendant Snyder sent a letter the 

following day, which stated: “The University maintains resident halls for

individuals who meet our admissions requirements and are enrolled in coursework 

leading to a degree. From time to time we do house students from other

universities who are earning credits for transfer to another institution. . .”

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36. Upon information and belief, OU has provided on-campus housing to students 

taking courses when they are not admitted to degree programs, including but not 

limited to, students in the English-As-A-Second-Language program.

37. In August 2008, Mr. Fialka-Feldman’s parents met with Defendant Snyder but 

were unable to persuade her to change her mind. 

38. At a meeting of the Board of Trustees on September 17, 2008, Mr. FialkaFeldman presented a petition asking the Board to change its decision and allow

him to live on campus. 

39. On September 24, 2008, Defendant Snyder sent a letter to Mr. Fialka-Feldman 

informing him that she would not change her decision. 

40. On October 7, 2008, legal counsel for Mr. Fialka-Feldman, Chris E. Davis, 

contacted legal counsel for OU, Victor A. Zimbardi, by letter advising him that it 

was Plaintiff’s belief that OU’s housing policy was discriminatory due to its 

disparate impact on persons with disabilities, specifically persons with cognitive 

impairments. 

41. Additionally, Plaintiff’s counsel requested as a reasonable accommodation that 

the University waive the policy for Mr. Fialka-Feldman because he could not 

enroll in a program leading to a degree due to his disability. 

42. In a letter on November 7, 2008, OU’s legal counsel denied the request for 

reasonable accommodation and denied that the housing eligibility policy was 

discriminatory. 

43. In a letter dated and faxed on November 14, 2008, Plaintiff’s counsel repeated the 

request for a reasonable accommodation on behalf of Mr. Fialka-Feldman. 

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44. OU’s legal counsel again denied the requested reasonable accommodation by 

letter dated November 17, 2008. 

45. Mr. Fialka-Feldman has been extended most or all of the privileges of an OU 

student except housing. 

V. CAUSES OF ACTION 

COUNT I: VIOLATION OF THE FAIR HOUSING ACT

DISPARATE IMPACT

46. Paragraphs 1 through 45 are incorporated by reference herein. 

47. The dormitory housing at OU is considered a dwelling pursuant to 42 U.S.C. § 

3602(b). 

48. The Plaintiff, Micah Fialka-Feldman, is a person with a handicap (disability) as 

defined in to 42 U.S.C. § 3602(h). 

49. The Plaintiff applied for and is otherwise qualified for on-campus housing at OU. 

50. Plaintiff’s application was rejected and housing remained available after he was 

rejected. 

51. The housing policy of OU, enforced by Russi, Snyder and Maten, which reserves 

on-campus housing only for those students enrolled in programs leading to a 

degree, has a disparate impact for it caused an adverse effect on persons with 

disabilities, specifically cognitive impairments, by excluding the Plaintiff and his 

fellow students in the OPTIONS program from on-campus housing in violation of

42 U.S.C. § 3604 (f)(1) and (2). 

52. As a result of Defendants Russi, Snyder and Maten’s actions, Mr. Fialka-Feldman 

has suffered significant injury for which there is no adequate remedy at law. 

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53. 42 U.S.C. §3613 allows a court to enjoin the discriminatory actions of the

aforementioned defendants. 

COUNT II: VIOLATION OF SECTION 504 OF THE 

REHABILITATION ACT OF 1973 DISCRIMINATION

54. Paragraphs 1 through 53 are incorporated by reference herein. 

55. OU is a college or university and as such all operations of OU are “programs or 

activities” covered by Section 504 of the Rehabilitation Act of 1973. 29 U.S.C. § 

794 (b) (2) (A). 

56. Plaintiff is a person with a handicap (disability) as defined under the 

Rehabilitation Act. 

57. OU is a recipient of federal funds. 

58. Pursuant to the regulations of U.S. Department of Education, Mr. Fialka-Feldman, 

is capable of meeting the necessary requirements to live in a dormitory setting, 

and is therefore a qualified handicapped person. 34 C.F.R. § 104.3(l). 

59. The policies and actions of the Defendants, Oakland Board of Trustees, Russi, 

Snyder, and Maten, have resulted in the Plaintiff being excluded from 

participation in, or being denied the benefits of, or being subjected to 

discrimination under the program solely by reason of his handicap in violation of 

29 U.S.C. § 794 and 34 C.F.R. § 104.4. 

60. As a result of the actions of all four of the Defendants, Mr. Fialka-Feldman has 

suffered significant emotional distress, embarrassment and humiliation. 

61. 42 U.S.C. § 2000d-7 allows this court to grant all remedies both at law and in 

equity for violation of the aforementioned statute. 

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COUNT III: VIOLATION OF SECTION 504 OF THE REHABILITATION ACT 

OF 1973 DENIAL OF REASONABLE ACCOMMODATION

62. Paragraphs 1 through 61 are incorporated by reference herein. 

63. Plaintiff is a person with a handicap (disability) as defined under the 

Rehabilitation Act. 

64. Plaintiff, with or without, reasonable accommodations is otherwise qualified to

live in on-campus housing at OU. 

65. OU is a recipient of federal funds. 

66. The refusal by the Defendants, Oakland Board of Trustees, Russi, Snyder, and 

Maten, to waive or modify OU’s housing policy as a reasonable accommodation 

denies the Plaintiff the choice of housing by excluding him from participation in, 

or being denied the benefits of, or being subjected to discrimination under this 

program solely by reason of his handicap. This failure to accommodate is in 

violation of 29 U.S.C. § 794 and 34 CFR 104.45(a).

67. As a result of all four of the Defendants’ actions, Mr. Fialka-Feldman has suffered 

significant emotional distress, embarrassment and humiliation. 

68. 42 U.S.C. § 2000d-7 allows this court to grant all remedies both at law and in 

equity for violation of the aforementioned statute. 

VI. JURY DEMAND 

69. Plaintiff hereby requests a trial by jury in this matter. 

VII. REQUESTED RELIEF

The Plaintiff, Micah Fialka-Feldman, requests this Honorable Court for the following 

relief: 

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a. A declaratory judgment that the actions of the Defendants violated the relevant 

sections of the Fair Housing Act and Section 504 of the Rehabilitation Act of 

1973; and 

b. Injunctive relief ordering Defendants to immediately provide on-campus

dormitory housing for the Plaintiff Micah Fialka-Feldman; and 

c. Award compensatory and punitive damages to Plaintiff; and 

d. Attorney fees and costs; and 

e. Any and all other relief deemed equitable and just by this Court. 

 Respectfully submitted, 

Dated: April 24 2009 s/ Chris E. Davis______________ 

 MICHIGAN PROTECTION & 

 ADVOCACY SERVICE, INC. 

 Attorney for Plaintiff 

 29200 Vassar Blvd., Suite 200 

 Livonia, MI 48152 

 (248) 473-2990 

 cdavis@mpas.org

 P52159 

 

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CERTIFICATE OF SERVICE

I hereby certify that on April 24, 2009, I electronically filed the foregoing First Amended 

Complaint with the Clerk of the Court using the ECF system which will send notification 

of such filing to the following: Robert A. Boonin. 

s/Chris E. Davis

MICHIGAN PROTECTION & 

ADVOCACY SERVICE, INC. 

29200 Vassar Blvd., Suite 200 

Livonia, MI 48152 

248-473-2990 

cdavis@mpas.org

P52159 

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