162 So. 3d 1179
La. Ct. App.2015Background
- Ms. McCoy, a public housing tenant, was ordered to vacate The Estates after a rule for possession alleging a fight violated the one-strike policy; all criminal charges against her were dismissed.
- On April 19, 2014, McCoy and Ms. Carter had a verbal dispute at The Estates; McCoy was later assaulted by Carter, who allegedly fled after the incident.
- HANO arrested both women for disturbing the peace and public drunkenness; Carter pled guilty; McCoy’s charges were dismissed by the municipal court.
- The Estates filed a rule for possession on June 5, 2014, asserting a One Strike Policy violation due to the fight; McCoy claims she was not given notice or a grievance hearing.
- At the rule-for-possession hearing, no Estates agent testified; Officer Phipps testified for the Estates but not as its representative; he could not determine the primary aggressor.
- Evidence showed McCoy consumed alcohol but did not prove she committed a criminal act; doctors said the injury was from a ring, not a knife; Carter admitted striking McCoy with a ring.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Trial court erred in granting possession without proof of criminal act | McCoy | Estates | Erroneous; reversed; McCoy may remain |
| Due process issues regarding notice and grievance procedures | McCoy | Estates | Prematurity/notice violations require reversal |
Key Cases Cited
- State v. Smiley, 729 So.2d 743 (La. App. 4th Cir. 1999) (police lacked probable cause for arrest; intoxication alone not enough)
- Rosell v. ESCO, 549 So.2d 840 (La.1989) (manifest error standard for factual findings)
- Mart v. Hill, 505 So.2d 1120 (La.1987) (manifest error framework)
- Mazzini v. Strathman, 140 So.3d 253 (La. App. 4 Cir. 2014) (reaffirmation of manifest error review)
- River Garden Apartments v. Robinson, 108 So.3d 352 (La. App. 4 Cir. 2013) (due process in eviction notices and hearings)
- Guste Homes Resident Management Corp. v. Thomas, 116 So.3d 987 (La. App. 4 Cir. 2013) (federal eviction/regulation standards for housing authorities)