Legal Opinion

Washington Legal Clinic for the Homeless v. Marion S. Barry, Jr., Mayor of the District of Columbia

Court of Appeals for the D.C. Circuit

Decided June 12, 1997No. 96-7066PublishedCited by 116 opinions

1Opinion of the Court

Opinion for the Court filed by Circuit Judge TATEL.

Opinion dissenting in part filed by Circuit Judge WALD.

TATEL, Circuit Judge:

The central question in this case is whether District of Columbia law creates a constitutionally protected entitlement to emergency family shelter. Although D.C. law establishes objective eligibility criteria for homeless families seeking shelter, for a combination of reasons we hold that homeless families lack an expectation of shelter sufficient to create a property right: the city does not provide enough shelter to meet the needs of all eligible families, it leaves…

2Cases cited20 opinions

  1. Board of Regents of State Colleges v. RothSupreme Court of the United States · 1972
  2. Goldberg v. KellySupreme Court of the United States · 1970
  3. Perry v. SindermannSupreme Court of the United States · 1972
  4. Hewitt v. HelmsSupreme Court of the United States · 1983
  5. Kentucky Department of Corrections v. ThompsonSupreme Court of the United States · 1989

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3Cited by116 opinions

  1. American Wildlands v. KempthorneCourt of Appeals for the D.C. Circuit · 2008
  2. Fox v. American Airlines, Inc.Court of Appeals for the D.C. Circuit · 2004
  3. Cement Kiln Recycling Coalition v. Environmental Protection AgencyCourt of Appeals for the D.C. Circuit · 2001
  4. Ridgely v. Federal Emergency Management AgencyCourt of Appeals for the Fifth Circuit · 2008
  5. Bloch, Felix S. v. Powell, Colin L.Court of Appeals for the D.C. Circuit · 2003

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