ILNews

7th Circuit dismisses case for mootness

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The appeal of an eviction initiated by the Housing Authority of South Bend was dismissed by the 7th Circuit Court of Appeals because the woman and her son have already been evicted.

In A.B., a child by his next friend, Linda Kehoe v. Housing Authority of South Bend, 11-2581, A.B. appealed the order that he and his mother be evicted from public housing following the mother’s arrest and guilty plea to possession of cocaine and resisting law enforcement. On June 6, 2011, A.B. filed a request for a preliminary injunction to prevent the housing authority from pursuing the eviction in state court; the U.S. District Court judge denied the motion. On June 24, the judge ruled in favor of the housing authority and issued an order for immediate possession of the property and eviction of A.B. and his mother.

A.B. appealed, but the 7th Circuit dismissed because the family has already been evicted.

“For a preliminary injunction to be effective, it must be issued prior to the event the movant wishes to prevent. Once the event in question occurs, any possible use for a preliminary injunction is expired,” wrote Judge William Bauer.

 

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  2. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  3. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

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  5. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

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