A.B. Ex Rel. Kehoe v. Housing Authority
683 F.3d 844
7th Cir.2012Background
- AB and his mother, Oliver, resided in public housing owned by the Housing Authority of South Bend.
- Oliver was arrested Feb. 28, 2011, for cocaine possession and resisting law enforcement; she pled guilty to both in state court.
- On Mar. 22, 2011, the Housing Authority notified Oliver that her arrest violated the lease and she must vacate within 30 days; eviction proceedings could be contested during eviction.
- The Housing Authority filed an eviction action in state court on Apr. 27, 2011; a hearing was set for Jun. 24, 2011.
- AB sought a federal preliminary injunction on Jun. 6, 2011 to stop the state eviction; the district court denied relief after a telephonic hearing.
- The state court granted immediate possession and eviction on Jun. 24, 2011; AB appealed on Jul. 12, 2011, but the appeal is moot because the eviction order had issued.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the appeal is moot after intervening events. | AB contends district ruling should be reviewed. | Respondents argue mootness divests appellate jurisdiction. | Appeal dismissed as moot; no live controversy remain. |
Key Cases Cited
- Dorel Juvenile Group, Inc. v. DeMartinis, 495 F.3d 500 (7th Cir. 2007) (mootness when no effective relief possible)
- Calderon v. Moore, 518 U.S. 149 (U.S. 1996) (live controversy requirement; mootness governs relief)
- Worldwide St. Preachers’ Fellowship v. Peterson, 388 F.3d 555 (7th Cir. 2004) (appeal moot if court cannot affect rights)
- Orion Sales, Inc. v. Emerson Radio Corp., 148 F.3d 840 (7th Cir. 1998) (court powerless to decide questions with no effect on rights)
- North Carolina v. Rice, 404 U.S. 244 (1971) (case moot when decision cannot affect litigants’ rights)