Marshall v. Housing Authority of City of Taylor

• Decision Date: 23 August 1994
• Docket Number: No. A-91-CA-856-SC.,A-91-CA-856-SC.
• Citation: 866 F. Supp. 999
• Parties: Velerk MARSHALL and Lucinda Caruther by her next friend, Lucille Caruther, Plaintiffs, v. HOUSING AUTHORITY OF the CITY OF TAYLOR and Ina Sanders in her official capacity as Director of the Housing Authority of the City of Taylor, Defendants.
• Court: U.S. District Court — Western District of Texas

866 F. Supp. 999

Velerk MARSHALL and Lucinda Caruther by her next friend, Lucille Caruther, Plaintiffs, v. HOUSING AUTHORITY OF the CITY OF TAYLOR and Ina Sanders in her official capacity as Director of the Housing Authority of the City of Taylor, Defendants.

No. A-91-CA-856-SC.

United States District Court, W.D. Texas, Austin Division.

August 23, 1994.

COPYRIGHT MATERIAL OMITTED

Fred Fuchs, Legal Aid of Cent. Texas, Austin, TX, for plaintiffs.

Stephen Greenberg, Mary K. Wolf, Small, Craig & Werkenthin, Austin, TX, for defendants.

OPINION AND ORDER

CAPELLE, United States Magistrate Judge.

I. INTRODUCTION

On November 6, 1991, Plaintiffs filed this action challenging the policy of the Housing Authority of the City of Taylor (hereinafter referred to as "THA") in rejecting the applications for public housing of families whose head of household is under eighteen years of age and who has not obtained a judicial determination of emancipation. The Plaintiffs' Motion for Partial Summary Judgment filed on February 21, 1992 and the Defendants' Cross-Motion for Summary Judgment filed on March 23, 1992 are now before the court.

The Plaintiffs assert as their causes of action against the Defendants: 1) violation of the U.S. Housing Act of 1937 (hereinafter referred to as the "Housing Act") by establishing additional eligibility requirements for public housing; 2) violation of the U.S. Department of Housing and Urban Development (hereinafter referred to as "HUD") regulations prohibiting categorical exclusions from public housing; 3) violation of federal regulations requiring consideration of individual circumstances; and 4) violation of due process and federal regulations requiring written tenant selection policies. The Plaintiffs request declaratory and injunctive relief for the Defendants' violations of Federal Public Housing statutes and regulations under 42 U.S.C. § 1983. Jurisdiction is based upon 28 U.S.C. § 1331. The parties have consented under 28 U.S.C. § 636(c) to this Court's presiding over the case for all purposes including entering a final order and judgment.

After reviewing the federal statute and the HUD regulations and policies, we find that the THA's practice of requiring the head of family to be either of majority age or an emancipated minor does not violate the Housing Act or the HUD regulations. Thus, we grant Defendants' Motion for Summary Judgment. However, we do find that the THA should establish its policy in writing in accordance with HUD regulation 24 C.F.R. § 960.204(d).

II. SUMMARY JUDGMENT STANDARD

Rule 56(c) of the Federal Rules of Civil Procedure provides for summary judgment "if the pleading, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show the moving party to be entitled to summary judgment as a matter of law." Rule 56(e) states: "When a motion for summary judgment is made and supported as provided in this rule an adverse party may not rest upon the mere allegations or denials of the adverse party's pleading, but must set forth specific facts showing there is a genuine issue for trial."

Both movants and non-movants bear burdens of proof in the summary judgment process. Celotex Corp. v. Catrett, 477 U.S. 317, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). The movant with the burden of proof at trial must establish every essential element of its claim or affirmative defense; however, if the issue is one on which the movant does not bear the burden of proof at trial, summary judgment is warranted if the non-movant fails to make a sufficient showing to establish the existence of each element essential to its case. Id. at 322-23, 106 S.Ct. at 2552. In so doing, the moving party without the burden of proof need only point to the absence of evidence on an essential element of the non-movant's claims or affirmative defenses. Celotex, 477 U.S. at 323-24, 106 S.Ct. at 2554. At that point, the burden shifts to the non-moving party to produce evidence in support of its claims or affirmative defenses by affidavits or by "`depositions, answers to interrogatories and admissions on file,' to designate `specific facts showing that there is a genuine issue for trial.'" Id. at 324, 106 S.Ct. at 2553. The non-moving party must produce "specific facts" showing a genuine issue for trial, not mere general allegations. Fed.R.Civ.P. 56(e); Gossett v. Du-Ra-Kel Corp., 569 F.2d 869, 872 (5th Cir.1978). The non-movant has failed to meet this standard if its response merely shows that "there is some metaphysical doubt as to the material facts." Matsushita Elec. Indus. Co., Ltd. v. Zenith Radio Corp., 475 U.S. 574, 586, 106 S.Ct. 1348, 1356, 89 L.Ed.2d 538 (1986). If no such evidence is produced, "the moving party is entitled to a judgment as a `matter of law.'" Id. 477 U.S. at 323, 106 S.Ct. at 2552.

In deciding whether to grant summary judgment, the court should view the evidence in the light most favorable to the party opposing summary judgment and indulge all reasonable inferences in favor of that party. Int'l Shortstop, Inc. v. Rally's, Inc., 939 F.2d 1257, 1263 (5th Cir.1991), cert. denied, ___ U.S. ___, 112 S.Ct. 936, 117 L.Ed.2d 107 (1992); Burgos v. Southwestern Bell Telephone Co., 20 F.3d 633, 635 (5th Cir.1994).

The Court must substantively evaluate the evidence offered by the moving and non-moving parties to determine whether the evidence raises a "material" fact question which is "genuine." Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 247-248, 106 S.Ct. 2505, 2510, 91 L.Ed.2d 202 (1986). A fact question is "material" if it involves "disputes over facts that might effect the outcome of the suit under the governing law." Id. at 248, 106 S.Ct. at 2510; Burgos v. Southwestern Bell Telephone Co., 20 F.3d at 635. Thus, the focus of the Court is upon disputes over material facts.

The material fact dispute must be "`genuine' that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party." Liberty Lobby, 477 U.S. at 248, 106 S.Ct. at 2510. With all reasonable doubts resolved against the movant, the court only decides whether a factual dispute exists and does not resolve the controversy. Jones v. W. Geophysical Co. of America, 669 F.2d 280, 283 (5th Cir.1982), aff'd in part, modified in part on other grounds, 761 F.2d 1158 (1985).

The Fifth Circuit has concluded "`the standard of review is not merely whether there is a sufficient factual dispute to permit the case to go forward, but whether a rational trier of fact could find for the non-moving party based upon the record evidence before the court.'" James v. Sadler, 909 F.2d 834, 837 (5th Cir.1990) (citing Matsushita, 475 U.S. at 586, 106 S.Ct. at 1356).

III. BACKGROUND

A. PROCEDURAL BACKGROUND

The Plaintiffs, Velerk Marshall and Lucinda Caruther by her next friend, Lucille Caruther, filed this action on November 6, 1991 on behalf of themselves and a proposed class, seeking declaratory and injunctive relief. The Plaintiffs' Motion for Class Certification was withdrawn on October 27, 1992. The Plaintiffs seek declaratory and injunctive relief requiring the THA to change its policy of denying applications for admission and placement on the waiting list for public housing solely on the basis that the head of household is an unemancipated minor. The Plaintiffs also seek reasonable damages and attorney's fees for the inconvenience they experienced as a result of THA's policy.

B. FACTUAL BACKGROUND

The undisputed and stipulated facts necessary to determine the Plaintiffs' claims for declaratory and injunctive relief are as follows.

The Housing Act established the low rent public housing program for the purpose of remedying the shortage of decent housing for low income families. Pursuant to the federal public housing program, the Housing Authority of the City of Taylor was established pursuant to Article 1269k of Texas Revised Civil Statutes to construct and administer low rent public housing. Under the annual contributions contract between the THA and the Secretary of HUD, the THA is required to follow the regulations promulgated by HUD and to comply with the terms of the HUD Public Housing Occupancy Handbook (hereinafter referred to as "Handbook").

It is the undisputed practice and policy of the THA to deny admission to public housing to families whose head of household is an unemancipated minor. Under the THA policy, the Plaintiffs were not eligible to be considered for placement in public housing until they had either attained the age of majority or had their legal disabilities removed by the procedures set forth in Tex. Fam.Code Ann. 31.01, et seq. THA explains that the purpose for their policy regarding minors is to ensure that any leases entered into with an applicant will be enforceable at law. THA's policy regarding minors has not yet been reduced to writing. The parties also agree on the following additional facts.

Plaintiff Lucinda Caruther was born on June 4, 1974. She is the mother of her son Dwayne Hendricks who was born on September 19, 1990. Her sole source of income is $158.00 each month through the Aid to Families with Dependent Children Program. Ms. Caruther originally applied for an apartment with the THA in July 1991, at which time she was seventeen years old. Her application was denied on the basis of her status as an unemancipated minor. At the time Ms. Caruther applied for an apartment, she had been living apart from her parents for over one year. She then moved back in with her parents. Ms. Caruther, her one year old son, her parents, her grandmother, her sixteen year old brother, and her twelve year old sister all lived in a small three bedroom house. Ms. Caruther has since married and has changed her name to McNeil. Ms. Caruther became a resident of a public housing project under the auspices of the THA on June 15, 1993. Ms. Caruther has attained the age of majority. Ms. Caruther was represented at the onset of this lawsuit...