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7th Circuit affirms ruling against woman kicked out of public housing

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A woman who challenged the Housing Authority of South Bend’s decision to terminate her lease for federally subsidized public housing because of criminal activity lost her appeal before the 7th Circuit Court of Appeals.

In Bridgett Stevens v. Housing Authority of South Bend, Indiana, et al. and State of Indiana, No. 10-2724, Bridgett Stevens filed a lawsuit after receiving a notice from the housing authority that alleged she violated lease provisions that prohibited criminal activity on the property. A shooting between Stevens’ daughter’s boyfriend and the father of her children led to the first notice. She received two subsequent notices after police responded to her apartment to investigate a fight and the discovery of marijuana at the apartment. She left the apartment after the third notice.

Her lawsuit – which only dealt with the first notice – alleged that the HASB and other individuals violated the Fair Housing Act, the 14th Amendment, and the Indiana law. The District Court ruled in favor of the defendants, finding her challenges to the Indiana ejectment statute to be moot because she left after she received the second and third notices and that her due process rights weren’t violated because she was held responsible for the actions of persons who were not under her control. It found although one of the men involved in the shooting was not literally under her control in the colloquial sense, he was present at the apartment only because a household member had invited him.

“Given that she ultimately left her apartment for reasons unrelated to the acts that form the basis of the lawsuit, the appropriate question is whether she retains a legally cognizable interest in the outcome of the suit and whether the court’s decision could affect her rights,” wrote Judge Ilana Diamond Rovner. “Injunctive relief is therefore no longer available to her. Declaratory relief suffers from the same mootness problem because it would have no impact on Stevens going forward.”

The judges also noted that the fact Stevens lied on her application about ever having lived in public housing and the presence of illegal drugs in her apartment would support terminating the lease.  
 

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  1. Just an aside, but regardless of the outcome, I 'm proud of Judge William Hughes. He was the original magistrate on the Home place issue. He ruled for Home Place, and was primaried by Brainard for it. Their tool Poindexter failed to unseat Hughes, who won support for his honesty and courage throughout the county, and he was reelected Judge of Hamilton County's Superior Court. You can still stand for something and survive. Thanks, Judge Hughes!

  2. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  3. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  4. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  5. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

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