Anderson v. Jackson
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Anderson vs. Jackson was a class action law suit seeking injunctive relief from the Bush Administration's Department of Housing and Urban Development. The plaintiff Yolanda Anderson joined with others to protect housing rights in the Lower Ninth Ward of New Orleans and in other areas impacted by Hurricane Katrina.
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.
International Law
In International Law, the United States has committed itself to the right of return for internally displaced people fleeing from natural disasters.
However, this so called right has never been recognized as a binding obligation under international law, either as a treaty or as customary law. The district court dismissed this claim pursuant to U.S. Supreme Court and 5th Circuit decisions.
Civil Rights Act of 1968 - The Fair Housing Act
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.
These actions were in violation of the Fair Housing Act, 42 U.S.C. § 3604 et seq.
Further, Alphonso Jackson's intent in this instance, and the organizational intent of the Department of Housing and Urban Development was to "purposefully reduce" public housing as well as its availability to working Americans across New Orleans.
The cumulative impact of these acts was to displace many members of low-income African American families.
5th Amendment
The 5th Amendment to the United States Constitution states that "none will be denied life, liberty or property without 'due process' of law."[1]
By planning to demolish public housing in New Orleans the Department of Housing and Urban Development sought to deprive New Orleanians of property without a hearing in a court room and with insufficient public hearing and input into the process.
14th Amendment
The 14th Amendment to the United States Constitution states:
Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
"By denying plaintiffs the ability to return to public housing." The Housing Authority of New Orleans "deprived residents of their property without notice or hearing, in violation of the due process clause of the Fourteenth Amendment U.S.CONST. amend. XIV, § 1."