James v. City of Dallas
| Decision Date | 18 June 2001 |
| Docket Number | No. 00-10556,00-10556 |
| Parties | (5th Cir. 2001) IRMA JEAN JAMES; TERRI LARY, Plaintiffs - Appellees v. CITY OF DALLAS TEXAS; ET AL., CITY OF DALLAS TEXAS; US DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, Defendants - Appellants |
| Court | U.S. Court of Appeals — Fifth Circuit |
[Copyrighted Material Omitted]
[Copyrighted Material Omitted]
[Copyrighted Material Omitted]
[Copyrighted Material Omitted]
[Copyrighted Material Omitted] Appeal from the United States District Court for the Northern District of Texas.
Before KING, Chief Judge, and ALDISERT* and BENAVIDES, Circuit Judges.
Defendants-Appellants the City of Dallas, Texas and the United States Department of Housing and Urban Development bring this interlocutory appeal, pursuant to 28 U.S.C. § 1292(b), challenging the district court's Rule 23(b)(2) certification of a "Race Discrimination Class" and a "Process Class" in a class action lawsuit involving alleged racially discriminatory demolition of repairable single-family homes without proper notice or judicial warrant. Because we determine that the named Plaintiffs do not have standing to seek the relief requested for the "Race Discrimination Class," we VACATE the district court's certification of that class and REMAND with instructions to dismiss all the Race Discrimination Class claims against the City and HUD and to dismiss HUD from the lawsuit. Because we determine that the named Plaintiffs do have standing to seek the relief requested for seven of their twelve Process Class claims against the City and we determine further that the district court did not abuse its discretion in certifying the "Process Class," we AFFIRM AS MODIFIED the district court's certification of that class. Finally, because we determine that the named Plaintiffs do not have standing to seek the relief requested for five of their Process Class claims, we REMAND with instructions to dismiss those claims.
This case arises out of a proposed class action lawsuit against Defendants-Appellants the City of Dallas, Texas (the "City") and the United States Department of Housing and Urban Development ("HUD"). Plaintiffs-Appellees, Irma Jean James and Terri Lary (collectively referred to as the "named Plaintiffs" or "Plaintiffs"), assert two claims against the City: first, a Process Class claim charging that the City demolished "repairable" single-family homes in predominantly minority neighborhoods without proper notice, in violation of due process under the Fifth and Fourteenth Amendments, and without a warrant, in violation of the Fourth Amendment;1 and second, a Race Discrimination claim charging that the City has implemented this "no-notice" demolition program of repairable minority housing because of the race of the occupants or the race of the owners of the property, in violation of 42 U.S.C. §§ 1981, 2000d, 3604(a), 5301(b)(2), and 5309. Plaintiffs assert one Race Discrimination Class claim against HUD, charging that HUD was aware of the City's purposeful discrimination and that the City used HUD funds to implement its program, in violation of 42 U.S.C. §§ 1981, 2000d, 3604(a), 3608(e)(5), and the Fifth Amendment. Further, Plaintiffs assert that this discrimination is directly traceable to HUD's use of explicit racial classification of neighborhoods.
Irma Jean James is one of the two named Plaintiffs. She is an African-American woman who owned a single-family residence located at 2404 Alabama Avenue in the Oak Cliff area of the City. The Oak Cliff area has a population that is 68% "black"2 according to the 1990 Census. James resided in the home from 1969 to 1981, and then family members or other tenants resided in the building until 1993. The building became vacant in 1994.
The Dallas Urban Rehabilitation Standards Board ("URSB") assessed her house to be repairable and not a nuisance; however, URSB still proceeded with a demolition order against it. As part of the demolition process, the URSB held a hearing concerning the demolition of the house. The hearing revealed that the tax assessment value of the property was $12,480, that the repair cost of the house would have been $42,416, and that the cost of demolition was $2,569. City inspectors provided information that numerous code violations existed on the property.
James was not provided with notice of the URSB proceedings concerning the property. At the time of the hearings, James resided in Duncanville, a suburb of Dallas. In 1992, a URSB notice was sent to the vacant Alabama Avenue address, which was returned by the post office as undeliverable. Also in 1992, the URSB order for repair and demolition was sent to James at an address on Zeb Street in Dallas. Neither James nor anyone associated with James has ever lived on Zeb Street. This order was also returned to the URSB as being undeliverable. The City mailed the final default demolition order to the same Zeb Street address. Throughout these years, James paid her property taxes for the property through her mortgage company. She did not own any other property in the City. The City demolished the house in February 1994 and placed a lien on the property for the costs of demolition.
The second named plaintiff is Terri Lary, an African-American woman who owned a single-family residential house located at 3902 Coolidge Street, Dallas. The property is in a census tract that is 98.5% black. The City classified the house as repairable.
The URSB conducted a hearing concerning the Lary property. The tax assessment of the property was $7,380, with the estimated costs of repair at $16,332.50 and demolition costs to run $837.21. Notice of the hearing was sent to an incorrect address; however, Lary did receive actual notice of the hearing and appeared at the proceedings. URSB issued a repair order with a default to demolish the structure if repairs were not adequately completed. Lary made some of the requested repairs. According to the City, Lary failed to obtain the necessary permits required for the repairs and failed to complete the repairs. URSB sent a default notice to the same wrong address and to the house itself. The postal service returned both notices. Lary did not receive final notice that she was in default of the repair order or notice that the City intended to demolish the house. During this time, she was living at another address in Dallas. In 1995, the City demolished the house.
The facts underlying the Process Class claims, as alleged by Plaintiffs, are that between 1992 and 1996, the City demolished 580 repairable single-family homes without providing adequate notice to the owners. According to Plaintiffs, all 580 homes were demolished without a warrant or other judicial process.
The facts underlying the Racial Discrimination Class claims are more complicated. For purposes of class certification, the district court adopted the findings of fact asserted by Plaintiffs. These findings purport to show that the City considered the race of the occupants of the area or the race of the property owner in deciding whether to demolish an otherwise repairable house.3 The district court found:
Plaintiffs' documentary evidence shows that the current pattern of demolitions of repairable single-family homes in predominantly black areas is consistent with and traceable to the City's past use of overt racial classifications to determine the treatment accorded to different neighborhoods. The present pattern of single-family demolitions continues the targeting of predominantly black neighborhoods begun at the inception of the HUD and the City's CDBG [Community Development Block Grant] code enforcement and demolition program in the mid-1970's. This program was initiated in tandem with the City and HUD's social engineering of neighborhood service delivery based on overt racial classifications at the inception of the CDBG program.
In short, the facts put forth by Plaintiffs demonstrate that the City allegedly used overt racial classifications to determine the neighborhoods in which the URSB would focus its demolition activities.4 Further, Plaintiffs argue that the City demolished repairable single-family homes located in predominately black census tracts at a much higher rate than in comparable white census tracts. HUD allegedly approved of and financed this discriminatory demolition.
In February 1998, James filed a suit for damages against the City and the administrator of the URSB alleging violations of due process and the Fourth Amendment and also raised a discrimination claim. In November 1998, James amended her complaint as a Rule 23(b)(2) class action. The amended complaint dropped the suit against the URSB administrator, added Lary as a named plaintiff, and added HUD as a defendant.
Plaintiffs requested injunctive relief against the City and HUD on behalf of the class members. Plaintiffs sought a permanent injunction against the City, requesting that the City (1) cancel the debt assessed for demolition costs and associated fees/interest, and file notice in the public deed record that the debt was cancelled, (2) file a release of the demolition lien in the public deed records, (3) ensure that title is clear on the property, (4) ensure that all City records concerning the property show the debt cancelled, (5) refrain from taking any steps to enforce the lien or collect the debt, (6) return money paid with interest by class members for money paid for demolition and related costs, (7) set aside all foreclosures based on demolition liens against the property, (8) refrain from foreclosures based on demolition liens, (9) refrain from retaliatory action such as refusing to issue building permits, (10) cease demolition of repairable structures in African-American areas or structures that are owned by African-Americans, and (11) cease...
To continue reading
Request your trial
-
Wyble v. Gulf South Pipeline Co., L.P., Civil Action No. 9:02-cv-200.
...93 S.Ct. 2405, 37 L.Ed.2d 254 (1973) ("SCRAP"). Moreover, standing must be addressed on a claim by claim basis. James v. City of Dallas, 254 F.3d 551, 563 (5th Cir.2001). b) Traceability The second element of standing requires proof of a causal connection between the injury in fact and the ......
-
Villagran v. Central Ford, Inc.
...a similar course of conduct and share the same legal theory, factual differences will not, defeat typicality." James v. City of Dallas, Tex., 254 F.3d 551, 571 (5th Cir.2001). Villagran asserts that her claim is typical of the proposed class because "each class member's claim arises from th......
-
Villagran v. Freeway Ford, Ltd.
...... of conduct and share the same legal theory, factual differences will not defeat typicality." James v. City of Dallas, . Page 838 . Tex., 254 F.3d 551, 571 (5th Cir.2001). Villagran has not shown ......
-
In re Wilborn, Bankruptcy No. 03-48263-H4-13.
...if all claimants assert the same legal theory and their claims arise from a similar course of conduct. James v. City of Dallas, 254 F.3d 551, 571 (5th Cir.2001). As such, "class representatives [should] establish the bulk of the elements of each class members' claims when they prove their o......