Legal Opinion

McGhee v. Housing Authority of City of Lanett

District Court, M.D. Alabama

Decided May 25, 1982No. Civ. A. 81-47-EPublishedCited by 14 opinions

1Opinion of the Court

OPINION

VARNER, Chief Judge.

This cause is now submitted to the Court on Defendants’ motion to dismiss filed herein September 15,1981, for failure to state a claim and for lack of jurisdiction.

LACK OF JURISDICTION. In the motion to dismiss for lack of jurisdiction, De fendants argue that the jurisdictional requirements are not satisfied in this action because there is no implied private right of action under 42 U.S.C. § 1437a [The Brooke Amendment]. This Court disagrees and finds that this Court has jurisdiction over this cause of action.

There is no question that Plaintiff claims that her…

2Cases cited12 opinions

  1. Conley v. GibsonSupreme Court of the United States · 1957
  2. Board of Regents of State Colleges v. RothSupreme Court of the United States · 1972
  3. Perry v. SindermannSupreme Court of the United States · 1972
  4. Cort v. AshSupreme Court of the United States · 1975
  5. Jenkins v. McKeithenSupreme Court of the United States · 1969

7 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Irma Howard v. Samuel Pierce, Secretary of the Department of Housing and Urban Development, and Grand Rapids Housing CommissionCourt of Appeals for the Sixth Circuit · 1984
  2. Housing Authority & Urban Redevelopment Agency v. TaylorSupreme Court of New Jersey · 2002
  3. Beckham v. New York City Housing AuthorityCourt of Appeals for the Second Circuit · 1985
  4. New Hope Gardens, Ltd. v. LattinLouisiana Court of Appeal · 1988
  5. Wright v. City of Roanoke Redevelopment & Housing AuthorityCourt of Appeals for the Fourth Circuit · 1985

9 more not listed; retrieve them via the Exa API.

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