13-cv-4165 (E.D.N.Y. 576.). Thus, a nurse at a state institution for juvenile offenders could state a section 1983 claim for violation of her right to liberty for being placed in unguarded proximity to an inmate who was a known violent sex offender and who ultimately raped her. Under City of Canton, before a local government entity may be held liable for failing to act to preserve a constitutional right, plaintiff must demonstrate that the official policy evidences a deliberate indifference to his constitutional rights. CANTON - A longtime Stark Metropolitan Housing Authority employee fired early this year has filed a federal lawsuit against the agency and its executive . AG Racine Sues DCHA for Endangering Thousands of Tenants at 10 Public 589.). [] [] 34. Case Number. File a notice of claim against the housing authority. (N.D. N. (Id. The lawsuits claim the president of the management. HUD may gather evidence in many ways, including interviewing parties and witnesses, getting documents, and inspecting properties. OC mobile home residents, who looked to legislature for rent relief, will have to wait Primarily, they point to the language of 42 United States Code section 1437d, subdivision (l), which provides that Each public housing agency shall utilize leases which [] [] (2) obligate the public housing agency to maintain the project in a decent, safe, and sanitary condition The Authority argues that while this obligates them to provide clauses in their leases that safe and sanitary housing will provided, it does not amount to a constitutional right for those services. The State issued the regulation in conjunction with the United States settlement in U.S. v. New York, No. Stark Metropolitan Housing Authority. 487, in which a woman sued the landlord for negligence and deceit when she was raped in her apartment building. v. Grubbs (9th Cir.1992) 974 F.2d 119, 121.) Appellants were not warned about the difficulties they would encounter in simply entering and exiting their quarters, and it is unlikely they would have accepted housing in the unit had they known what awaited them. Nature of Suit. Peterson, however, also involved a claim for failure to provide adequate police protection. (36 Cal.3d at p. 815, 205 Cal.Rptr. On Feb. 24, attorneys for tHAS filed a motion to dismiss the civil suit. The Authority argues that the decision not to transfer or otherwise protect appellants was a discretionary act and therefore immune under section 820.2. Throughout the investigation, HUD will try to help the parties resolve the complaint through an agreement. The .gov means its official. He briefed and argued CARLA vs. San Mateo, the leading published authority on Californias Housing Accountability Act. If she had known of the danger, she might not have rented an apartment in the complex, or she could have taken precautions based on a knowledge of the suspect's appearance and mode of operation. (75 Cal.App.3d at p. 803, 142 Cal.Rptr. 590.). He has worked in TV newsrooms for the last several years in New York, Baltimore, Washington and Charleston, SC. Lawsuit Challenges HUD's Rollback Of Key Fair Housing Rule - Forbes Juan Zuniga and his extended family were residents of the Jordan Downs public housing project in the City of Los Angeles, which was operated by the Housing Authority of the City of Los Angeles (the Authority). Based upon the facts alleged by appellants, we find ample justification for allowing the City to be named as a defendant in this action. However, section 830.2 provides that: A condition is not a dangerous condition within the meaning of this chapter if the trial or appellate court, viewing the evidence most favorable to the plaintiff, determines as a matter of law that the risk created by the condition was of such a minor, trivial or insignificant nature in view of the surrounding circumstances that no reasonable person would conclude that the condition created a substantial risk of injury when such property or adjacent property was used with due care in a manner in which it was reasonably foreseeable that it would be used. (Peterson v. San Francisco Community College Dist., supra, 36 Cal.3d at p. 810, fn.
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