Anderson v. Jackson: Difference between revisions
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{{short description|Class action lawsuit over housing in New Orleans, Louisiana, United States}} |
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{{Article issues |
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{{Use mdy dates|date=September 2023}} |
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| citations missing = May 2009 |
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{{Infobox COA case |
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| expand = May 2009 |
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|Litigants=Anderson v. Jackson |
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|Court=[[United States Court of Appeals for the Fifth Circuit]] |
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|CourtSeal=Seal of the United States Court of Appeals for the Fifth Circuit.svg |
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|ArgueDate= |
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|ArgueYear= |
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|DecideDate=January 26, |
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|DecideYear=2009 |
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|FullName=Anderson v. Jackson |
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|Citations=[https://caselaw.findlaw.com/us-5th-circuit/1422201.html 556 F.3d 351] (5th Cir. 2009) |
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|Prior= |
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|Subsequent= |
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|Holding= |
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|Judges=[[Jacques L. Wiener Jr.]], [[Emilio M. Garza]], [[Harold R. DeMoss Jr.]] |
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|Majority=Garza |
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|JoinMajority=Wiener, DeMoss |
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|LawsApplied={{hlist |[[Housing Act of 1937]]|[[Civil Rights Act of 1968]]}} |
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}} |
}} |
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'''Anderson |
'''''Anderson v. Jackson''''', 556 F.3d 351 (5th Cir. 2009)<ref name="COA">{{cite court |litigants=Anderson v. Jackson |vol=556 |reporter=F.3d |opinion=351 |pinpoint= |court=5th Cir. |date=2009 |url=https://caselaw.findlaw.com/us-5th-circuit/1422201.html |accessdate=2017-09-25 |quote=}}</ref> was a [[class action]] lawsuit seeking [[injunctive relief]] to prevent the demolition of four [[New Orleans]] public housing developments that were damaged by [[Hurricane Katrina]]. The suit alleged that the U.S. [[Department of Housing and Urban Development]] and state and city housing agencies were in violation of the U.S. [[Housing Act of 1937]], the [[Civil Rights Act of 1968]] (the Fair Housing Act), the [[Fifth Amendment to the U.S. Constitution]] and the [[Fourteenth Amendment to the U.S. Constitution]]. |
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Prior to Hurricane Katrina, the [[Housing Authority of New Orleans|Housing Authority of New Orleans (HANO)]] planned to demolish and redevelop four deteriorated public housing developments: [[Calliope Projects|B.W. Cooper]], [[Magnolia Projects|C.J. Peete]], [[St. Bernard Projects|St. Bernard]], and [[Tremé|Lafitte]] (collectively, "the Big Four"). After the Big Four suffered severe damage from Katrina, HANO proceeded with the plan for eventual demolition. |
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The [[Bush Administration]]'s [[Department of Housing and Urban Development]], led by Secretary [[Alphonso Jackson]] charged with violations of the U.S. [[Housing Act of 1937]], the [[Civil Rights Act of 1968]]- the Fair Housing Act, the [[ Fifth Amendment to the U.S. Constitution]], the [[ Fourteenth Amendment to the U.S. Constitution]] and International Law. |
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The lawsuit was dismissed by the district court and the dismissal was affirmed by the [[United States Court of Appeals for the Fifth Circuit]].<ref name="COA"/> |
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==International Law== |
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==See also== |
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In International Law, the United States has committed itself to the right of return for internally displaced people fleeing from natural disasters. Following Hurricane Katrina the Department of Housing and Urban Development led by Alphonso Jackson refuseed to recognize the right of return for internally displaced people, New Orleanians who sought to return to their housing. |
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*[[List of class-action lawsuits]] |
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==References== |
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Alphonso Jackson's Department of Housing and Urban Development created a double standard that created one set of rules for the conduct of the United States overseas and a second set of standards for the conduct of the United States at home. Within the continental United States the Department of Housing and Urban Development, HUD refused to recognize the right of return for the American People. |
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{{Reflist}} |
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[[Category:United States Court of Appeals for the Fifth Circuit cases]] |
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==Civil Rights Act of 1968 - The Fair Housing Act== |
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[[Category:Hurricane Katrina recovery in New Orleans]] |
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[[Category:2009 in United States case law]] |
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The [[Department of Housing and Urban Development]] efforts to demolish 5,000 [[public housing]] units, would have an "adverse impact" displacing residents of the city of New Orleans in the present and future. |
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[[Category:United States class action case law]] |
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These actions were in violation of the Fair Housing Act, 42 U.S.C. § 3604 et seq. |
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Further, Alphonso Jackson's intent in this instance, and the organizational intent of the [[Department of Housing and Urban Development]] was to "purpsoefully reduce" public housing as well as its availability to working [[Americans]] across [[New Orleans]]. |
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The cumulative impact of these acts was to displace many members of low-income African American families. |
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Latest revision as of 01:45, 13 September 2023
| Anderson v. Jackson | |
|---|---|
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| Court | United States Court of Appeals for the Fifth Circuit |
| Full case name | Anderson v. Jackson |
| Decided | January 26, 2009 |
| Citation | 556 F.3d 351 (5th Cir. 2009) |
| Court membership | |
| Judges sitting | Jacques L. Wiener Jr., Emilio M. Garza, Harold R. DeMoss Jr. |
| Case opinions | |
| Majority | Garza, joined by Wiener, DeMoss |
| Laws applied | |
Anderson v. Jackson, 556 F.3d 351 (5th Cir. 2009)[1] was a class action lawsuit seeking injunctive relief to prevent the demolition of four New Orleans public housing developments that were damaged by Hurricane Katrina. The suit alleged that the U.S. Department of Housing and Urban Development and state and city housing agencies were in violation of the U.S. Housing Act of 1937, the Civil Rights Act of 1968 (the Fair Housing Act), the Fifth Amendment to the U.S. Constitution and the Fourteenth Amendment to the U.S. Constitution.
Prior to Hurricane Katrina, the Housing Authority of New Orleans (HANO) planned to demolish and redevelop four deteriorated public housing developments: B.W. Cooper, C.J. Peete, St. Bernard, and Lafitte (collectively, "the Big Four"). After the Big Four suffered severe damage from Katrina, HANO proceeded with the plan for eventual demolition.
The lawsuit was dismissed by the district court and the dismissal was affirmed by the United States Court of Appeals for the Fifth Circuit.[1]
See also
[edit]References
[edit]- ^ a b Anderson v. Jackson, 556 F.3d 351 (5th Cir. 2009).