Robin Cooley v. Hsing Auth of City of Slidell
2014 U.S. App. LEXIS 5576
5th Cir.2014Background
- SHA terminated Cooley's Section 8 eligibility for failing to attend an annual recertification.
- Cooley had transferred her voucher to Slidell in 2009 and signed the Family Obligations; she attended two hearings (May 2010, May 2011).
- In March 2012 Cooley's mother, who was on hospice, moved in and died on March 29, 2012; Cooley moved to wind up her mother's affairs and did not retrieve mail promptly.
- SHA mailed a certified notice for an April 17, 2012 recertification; notice was postmarked April 11, 2012 and delivery was delayed; Cooley picked up the notice April 19, 2012 and attended walk-in hours on April 20.
- SHA terminated Cooley effective May 31, 2012; Cooley timely sought an informal hearing, which was held May 15, 2012 and decision issued May 24, 2012.
- District court granted Cooley summary judgment; SHA appealed; Fifth Circuit affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was SHA's termination arbitrary and capricious? | Cooley complied by contacting within three days after notice. | Recertification requires attendance per policy regardless of notice timing or circumstances. | Termination arbitrary; Cooley reinstated. |
| What standard governs agency factfinding review here? | Federal standard de novo; Erie-informed approach. | Apply Louisiana or agency deference standards as applicable. | Erie-based de novo review applied; no LAPA deferential framework. |
Key Cases Cited
- Univ. of Tenn. v. Elliott, 478 U.S. 788 (1986) (preclusive effect of agency factfinding in federal review)
- Holt v. State Farm Fire & Cas. Co., 627 F.3d 188 (5th Cir. 2010) (standard for reviewing factual determinations; Erie considerations)
- DePree v. Saunders, 588 F.3d 282 (5th Cir. 2009) (summary judgment standards and deference to agency findings)
- Ford Motor Co. v. Texas Dep’t of Transp., 264 F.3d 493 (5th Cir. 2001) (summary judgment and evidentiary standards)
- Am. Int’l Specialty Lines Ins. Co. v. Canal Indem. Co., 352 F.3d 254 (5th Cir. 2003) (deference and standard of review in insurance/agency contexts)
- Loop, Inc. v. Collector of Revenue, 523 So.2d 201 (La. 1987) (Louisiana judicial review posture for agency actions)
- Tanner v. City of Baton Rouge, 422 So.2d 1263 (La. Ct. App. 1982) (state-law judicial-review principles)