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Circuit court upholds Section 8 precedent

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The 7th Circuit Court of Appeals declined today to overturn precedent on the due process rights of someone rejected from specific Section 8 housing.

In Marshall Fincher v. South Bend Heritage Foundation, No. 09-1964, Marshall Fincher sued after his Section 8 application for housing in a building owned by South Bend Heritage Foundation was denied due to a previous eviction. Fincher claimed he was denied due process of law or that SBHF breached a contract with the United States Department of Housing and Urban Development to which Fincher is a third-party beneficiary.

Fincher wanted the Circuit Court to overturn its precedent in Eidson v. Pierce, 745 F.2d 435 (7th Cir. 1984), but the judges declined because they found Eidson to be a well-reasoned opinion. That ruling found there is no legitimate claim to entitlement for people rejected from a specific housing unit.

“Under Section 8, even if a plaintiff proved that the landlord relied on false information in coming to its decision to deny the plaintiff housing, the plaintiff still would not be entitled to the housing so long as the housing went to another eligible candidate,” wrote Judge Joel Flaum. “Therefore, the due process hearing would be meaningless.”

Section 8 only provides landlords with a series of guidelines to apply when choosing between two eligible candidates and leaves the landlord with considerable discretion in making the final decision, he continued.

The Circuit judges rejected Fincher’s arguments to rely on a 9th Circuit case that was decided two years before Eidson because the 7th Circuit had already rejected the reasoning from that case in Eidson. They also declined to adopt rulings out of a New Jersey District Court or the Supreme Judicial Court of Massachusetts because those cases tackled different issues than the one in Eidson. In the New Jersey case, the issue was whether an individual had a right to a due process hearing when she was denied eligibility for the Section 8 housing program in New Jersey. The Massachusetts case addressed a situation where the defendants were allegedly in violation of numerous state public housing regulations that set forth mandatory priority and preference categories.

“Because Eidson was a well-reasoned opinion, and no significant changes in the law have occurred between when we decided that case and now, we decline the invitation to overturn Eidson and affirm the district court on the due process challenge,” wrote Judge Flaum.

The 7th Circuit also affirmed the District Court’s rejection of Fincher’s claim that he can bring a suit as a third-party beneficiary of a contract entered into between SBHF and HUD. Fincher must point to specific regulations or contract provisions that are being violated in this case to give rise to this cause of action.
 

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  1. How nice, on the day of my car accident on the way to work at the Indiana Supreme Court. Unlike the others, I did not steal any money or do ANYTHING unethical whatsoever. I am suing the Indiana Supreme Court and appealed the failure of the district court in SDIN to protect me. I am suing the federal judge because she failed to protect me and her abandonment of jurisdiction leaves her open to lawsuits because she stripped herself of immunity. I am a candidate for Indiana Supreme Court justice, and they imposed just enough sanction so that I am made ineligible. I am asking the 7th Circuit to remove all of them and appoint me as the new Chief Justice of Indiana. That's what they get for dishonoring my sacrifice and and violating the ADA in about 50 different ways.

  2. Can anyone please help this mother and child? We can all discuss the mother's rights, child's rights when this court only considered the father's rights. It is actually scarey to think a man like this even being a father period with custody of this child. I don't believe any of his other children would have anything good to say about him being their father! How many people are afraid to say anything or try to help because they are afraid of Carl. He's a bully and that his how he gets his way. Please someone help this mother and child. There has to be someone that has the heart and the means to help this family.

  3. I enrolled America's 1st tax-free Health Savings Account (HSA) so you can trust me. I bet 1/3 of my clients were lawyers because they love tax-free deposits, growth and withdrawals or total tax freedom. Most of the time (always) these clients are uninformed about insurance law. Employer-based health insurance is simple if you read the policy. It says, Employers (lawyers) and employees who are working 30-hours-per-week are ELIGIBLE for insurance. Then I show the lawyer the TERMINATION clause which states: When you are no longer ELIGIBLE! Then I ask a closing question (sales term) to the lawyer which is, "If you have a stroke or cancer and become too sick to work can you keep your health insurance?" If the lawyer had dependent children they needed a "Dependent Conversion Privilege" in case their child got sick or hurt which the lawyers never had. Lawyers are pretty easy sales. Save premium, eliminate taxes and build wealth!

  4. Ok, so cheap laughs made about the Christian Right. hardiharhar ... All kidding aside, it is Mohammad's followers who you should be seeking divine protection from. Allahu Akbar But progressives are in denial about that, even as Europe crumbles.

  5. Father's rights? What about a mothers rights? A child's rights? Taking a child from the custody of the mother for political reasons! A miscarriage of justice! What about the welfare of the child? Has anyone considered parent alienation, the father can't erase the mother from the child's life. This child loves the mother and the home in Wisconsin, friends, school and family. It is apparent the father hates his ex-wife more than he loves his child! I hope there will be a Guardian Ad Litem, who will spend time with and get to know the child, BEFORE being brainwashed by the father. This is not just a child! A little person with rights and real needs, a stable home and a parent that cares enough to let this child at least finish the school year, where she is happy and comfortable! Where is the justice?

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