Grayden v. Rhodes

I wholeheartedly agree with the majority’s conclusion that the tenants in this case have alleged a violation of their constitutional right to contemporaneous and personal notice of a right to appeal their evictions. I write separately because I disagree with its wholesale rejection of the Supreme Court’s decision in Memphis Light, as well as the decision to grant qualified immunity.

The majority concludes that a government official could not have reasonably known that the summary condemnation of property and subsequent eviction of its residents without providing them personal notice of their…