Monroe v. Yankton Sioux Housing Authority
4:25-cv-04113
| D.S.D. | Jun 30, 2025Background:
- Gregory Allen Monroe filed a pro se complaint including a request for an ex parte temporary restraining order (TRO) to halt an eviction by the Yankton Sioux Housing Authority (YSHA).
- A notice of eviction was delivered by YSHA to Colleen Fischer, Monroe’s girlfriend, after her apartment tested for hazardous levels of methamphetamine.
- The eviction notice was addressed solely to Fischer, with Monroe not identified as a tenant or party to the lease.
- Monroe argued that both he and Fischer would face irreparable harm if evicted, but did not provide evidence showing Monroe himself had any legal right in the lease.
- Fischer admitted in writing to allowing drug use in her apartment, acknowledging a violation of her lease, but did not sign the complaint or join the case as a plaintiff.
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Standing to seek TRO against eviction | Monroe and Fischer will suffer harm | Monroe is not a party to lease | Monroe lacks standing |
| Inclusion of Fischer as plaintiff | Monroe lists Fischer as plaintiff | Fischer did not sign complaint | Fischer not a party to lawsuit |
| Compliance with procedural TRO requirements | Filed as a "verified complaint" | No affidavit, not legally verified | Not procedurally compliant |
| Payment of filing fees/in forma pauperis | Only Monroe sought fee waiver | Fischer did not seek or pay fee | TRO unavailable to Fischer |
Key Cases Cited
- Lance v. Coffman, 549 U.S. 437 (federal courts must ensure jurisdiction, including standing, before proceeding)
- Warth v. Seldin, 422 U.S. 490 (standing requires plaintiff assert own legal rights, not those of third parties)
- Delorme v. United States, 354 F.3d 810 (strict adherence to standing as a jurisdictional requirement)