578 F.2d 461 (2nd Cir. 1978), 615, Davis v. Village Park II Realty Co.

Docket Nº615, Docket 77-7506.
Citation578 F.2d 461
Party NameMaggie DAVIS, Plaintiff-Appellant, v. VILLAGE PARK II REALTY CO., Carabetta Enterprises, Inc., and Joyce Furlong, Defendants-Appellees.
Case DateApril 21, 1978
CourtUnited States Courts of Appeals, Court of Appeals for the Second Circuit

Page 461

578 F.2d 461 (2nd Cir. 1978)

Maggie DAVIS, Plaintiff-Appellant,

v.

VILLAGE PARK II REALTY CO., Carabetta Enterprises, Inc., and

Joyce Furlong, Defendants-Appellees.

No. 615, Docket 77-7506.

United States Court of Appeals, Second Circuit

April 21, 1978

Argued Feb. 23, 1978.

Page 462

Francis X. Dineen, New Haven, Conn. (Judith Hoberman, New Haven, Conn., on the brief), for plaintiff-appellant.

Christine S. Vertefeuille, New Haven, Conn. (Michael Susman, New Haven, Conn., on the brief), for defendants-appellees.

Before FRIENDLY, MULLIGAN and MESKILL, Circuit Judges.

MESKILL, Circuit Judge:

This is an appeal from a judgment of the United States District Court for the District of Connecticut, Jon O. Newman, Judge, dismissing a complaint in a civil rights action on the ground that all the issues raised in the suit had become moot. We reverse and remand for further proceedings.

Bella Vista is a housing project for the elderly in New Haven, Connecticut, which is subsidized under Section 236 of the National Housing Act, as amended, 12 U.S.C. § 1715z-1. Bella Vista II is one of four buildings in the project and is owned by Village Park II Realty Company, a limited partnership. Carabetta Enterprises, Inc., is the general partner of Village Park II, and it is also the management agent for Bella Vista. Joyce Furlong is Carabetta's manager. Plaintiff-appellant Maggie Davis, a tenant in Bella Vista II, is the president of the Bella Vista Tenants' Association. She and the Association have been outspoken advocates of the interests of the tenants in the project, especially with regard to management proposals to increase rents, security deposits and utility charges. In April of 1977, Davis received a letter signed by Furlong, on behalf of Carabetta, notifying her that Village Park II had elected to terminate her month-to-month tenancy. In May, she received a statutory notice to quit her apartment. Conn.Gen.Stat. § 47a-23.

On May 31, 1977, Davis filed this action seeking injunctive and declaratory relief as well as damages, costs and attorneys fees. The complaint alleges violations of Davis' rights to freedom of expression and association and to procedural due process. Davis simultaneously filed motions for a temporary restraining order and a preliminary injunction. Later in the day on May 31, Judge Newman granted the motion for a T.R.O. and issued an order restraining the defendants from evicting Davis pending a decision on her motion for a preliminary injunction. Shortly after this order was issued, counsel for the defendants informed the judge and counsel for Davis that the defendants did not intend to pursue the eviction proceeding. On June 6, the date which had been set for a hearing on the motion for a preliminary injunction, counsel for the defendants represented on the record that the eviction proceeding would not be pursued, and Davis withdrew her motion for a preliminary injunction. As a result of these events, Davis no longer pressed her claims for injunctive or declaratory relief, and she abandoned her due process claims.

After the defendants informed the district judge that they did not intend to pursue the eviction proceedings, they filed a

Page 463

motion to dismiss the complaint. The defendants argued that Davis' claims for injunctive and declaratory relief were moot and that she had no claim for damages because she had not been evicted. In response, Davis amended the complaint to allege that the threat of eviction caused her "anxiety, distress and hardship, and . . . had, a chilling effect upon (her) First Amendment rights." The district judge granted the motion because the claims for injunctive and declaratory relief were concededly moot and because, under his reading of Laird v. Tatum, 408 U.S. 1, 92 S.Ct. 2318, 33 L.Ed.2d 154 (1972), Davis' alleged injury was not judicially cognizable.

The district judge read Laird too broadly. That case did not hold that chilling effect is not legally cognizable; rather, it held that the chilling effect alleged in that case was so remote and speculative that there was no justiciable case or controversy and therefore the federal...

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73 practice notes
  • 977 F.2d 299 (7th Cir. 1992), 91-3469, Hessel v. O'Hearn
    • United States
    • Federal Cases United States Courts of Appeals United States Court of Appeals (7th Circuit)
    • 6 de Outubro de 1992
    ...of Denver, 894 F.2d 1210, 1215 (10th Cir.1990); Lewis v. Woods, 848 F.2d 649, 651 (5th Cir.1988); Davis v. Village Park II Realty Co., 578 F.2d 461, 463 (2d Cir.1978), prove some emotional harm or other specific injury from the deprivation. But if your home is illegally invaded or you are i......
  • Hollenbeck v. Herndon, 090892 CTSUP, CV91-0323853
    • United States
    • Connecticut Superior Court of Connecticut
    • Invalid date
    ...entitling claimant to reimbursement for attorneys fees protects action from mootness challenge); Davis v. Village Park II Realty Co., 578 F.2d 461, 463 (2d Cir. 1978) (where claims for injunctive and declaratory relief have been rendered moot, "the availability of either nominal or sub......
  • 413 N.W.2d 833 (Minn.App. 1987), CX-87-949, L.K. v. Gregg
    • United States
    • Minnesota Court of Appeals of Minnesota
    • 20 de Outubro de 1987
    ...may be awarded for obtaining injunctive relief. See Nadeau v. Helgemoe, 581 F.2d 275 (1st Cir.1978); Davis v. Village Park II Realty Co., 578 F.2d 461 (2nd Cir.1978). However, both of these cases are bill of rights cases. In Davis an injunction was granted to prevent Davis' eviction. Davis,......
  • 647 F.2d 332 (2nd Cir. 1981), 726, McKenna v. Peekskill Housing Authority
    • United States
    • Federal Cases United States Courts of Appeals United States Court of Appeals (2nd Circuit)
    • 22 de Abril de 1981
    ...1560, 56 L.Ed.2d 30 (1978) (permitting damage claim to proceed). Faced with a similar situation in Davis v. Village Park II Realty Co., 578 F.2d 461 (2d Cir. 1978), where a Page 335 federal housing tenant's claim for injunctive relief based on threatened eviction because of exercise of her ......
  • Request a trial to view additional results
73 cases
  • 977 F.2d 299 (7th Cir. 1992), 91-3469, Hessel v. O'Hearn
    • United States
    • Federal Cases United States Courts of Appeals United States Court of Appeals (7th Circuit)
    • 6 de Outubro de 1992
    ...of Denver, 894 F.2d 1210, 1215 (10th Cir.1990); Lewis v. Woods, 848 F.2d 649, 651 (5th Cir.1988); Davis v. Village Park II Realty Co., 578 F.2d 461, 463 (2d Cir.1978), prove some emotional harm or other specific injury from the deprivation. But if your home is illegally invaded or you are i......
  • Hollenbeck v. Herndon, 090892 CTSUP, CV91-0323853
    • United States
    • Connecticut Superior Court of Connecticut
    • Invalid date
    ...entitling claimant to reimbursement for attorneys fees protects action from mootness challenge); Davis v. Village Park II Realty Co., 578 F.2d 461, 463 (2d Cir. 1978) (where claims for injunctive and declaratory relief have been rendered moot, "the availability of either nominal or sub......
  • 413 N.W.2d 833 (Minn.App. 1987), CX-87-949, L.K. v. Gregg
    • United States
    • Minnesota Court of Appeals of Minnesota
    • 20 de Outubro de 1987
    ...may be awarded for obtaining injunctive relief. See Nadeau v. Helgemoe, 581 F.2d 275 (1st Cir.1978); Davis v. Village Park II Realty Co., 578 F.2d 461 (2nd Cir.1978). However, both of these cases are bill of rights cases. In Davis an injunction was granted to prevent Davis' eviction. Davis,......
  • 647 F.2d 332 (2nd Cir. 1981), 726, McKenna v. Peekskill Housing Authority
    • United States
    • Federal Cases United States Courts of Appeals United States Court of Appeals (2nd Circuit)
    • 22 de Abril de 1981
    ...1560, 56 L.Ed.2d 30 (1978) (permitting damage claim to proceed). Faced with a similar situation in Davis v. Village Park II Realty Co., 578 F.2d 461 (2d Cir. 1978), where a Page 335 federal housing tenant's claim for injunctive relief based on threatened eviction because of exercise of her ......
  • Request a trial to view additional results