Valtierra v. Housing Authority of City of San Jose

PECKHAM, District Judge.

This matter comes before this Court on plaintiffs’ motions for summary judgment, their applications for an injunction, and defendants’ motions to dismiss. Plaintiffs ask that we declare Article XXXIV of the California State Constitution 1 to be unconstitutional and request that we forbid defendants from relying upon it as a reason for not requesting federal assistance with which to finance low-income housing. We hold Article XXXIV to be unconstitutional. See Hunter v. Erickson, 393 U.S. 385, 89 S.Ct. 557, 21 L.Ed.2d 616 (1969).

Title 42 U.S.C. § 1983 creates a cause of…