Defendant accused of Retaliation and Discrimination by Former Shelter Resident

Statesville Federal Courthouse
Statesville Federal Courthouse
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A former resident of a Charlotte-based men’s shelter has filed a lawsuit alleging a series of retaliatory and discriminatory actions by the shelter, leading to his eviction in the middle of winter. Dakota MD Carter, who is representing himself, filed the complaint on January 12, 2026, in the United States District Court for the Western District of North Carolina against Roof Above, Inc., along with unnamed staff members identified as John Doe 1-20 and Jane Doe 1-20.

Carter’s complaint outlines an escalating pattern of alleged misconduct by Roof Above, Inc., a nonprofit organization that provides homeless shelter services in Charlotte. According to Carter, these actions began after he reported a violent assault that occurred on the shelter’s premises. He claims that following his police report and subsequent medical treatment for injuries sustained during the assault, including stitches and concussion-related symptoms, he faced selective enforcement of rules and retaliation for exercising his rights to free speech and petitioning activity. “Defendants escalated coercive enforcement actions,” Carter alleges, detailing how his personal property was seized or destroyed without justification.

The lawsuit accuses Roof Above and its staff of violating multiple federal laws including 42 U.S.C. § 1983 concerning First Amendment retaliation and equal protection under the law. It also cites violations of the Americans with Disabilities Act (ADA) and the Rehabilitation Act due to alleged failures to accommodate Carter’s medical needs despite being informed about them. The complaint describes incidents where Carter was subjected to repeated security screenings involving false alerts and public accusations without any findings of prohibited items.

Carter is seeking compensatory damages as well as punitive damages against individual defendants. He also requests declaratory and injunctive relief to prevent further harm and ensure evidence preservation related to his claims. The plaintiff asserts that institutional policies at Roof Above contributed to these alleged violations through practices such as selective enforcement and retaliation against complainants.

The case has been assigned Case No. 3:26-cv-00023-MOC-DCK in front of Judge Max O. Cogburn Jr., with Carter acting pro se in this legal battle.

Source: 326cv00023_Carter_v_Roof_Above_Inc_Complaint_Western_District_North_Carolina.pdf


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