Case: Washington Legal Clinic for the Homeless v. Barry

1:93-cv-00691 | U.S. District Court for the District of District of Columbia

Filed Date: April 5, 1993

Closed Date: March 4, 1997

Clearinghouse coding complete

Case Summary

In 1984, voters in Washington, DC (The District) passed the Right to Overnight Shelter Act (ROSA) which guaranteed to all homeless people in the District the right to adequate overnight shelter. Later the City Council passed a law that created an emergency shelter program for eligible families; this program was approved by and partially funded by the federal government via the Aid to Families with Dependent Children program. The city council later amended these laws to explicitly state that an entitlement to shelter did not exist, citing rising costs as the basis for the amendments. The District's denial of an entitlement to shelter, the allegedly insufficient level of funding it made available to its shelter system, and the allegedly arbitrary means it used to determine placement in shelters lead to the cases summarized below.

On August 19, 1992, the Washington Legal Clinic for the Homeless (the Legal Clinic) filed a lawsuit on behalf of homeless individuals living in Washington, D.C. The suit was filed in the United States District Court for the District of Columbia against the District's Mayor in her official capacity. No documents from this first case are available as electronic documents, but it quickly resulted in a non-binding memorandum of understanding (MOU) wherein the District said it would allow limited access to advocates for those individuals applying for emergency shelter. In light of the MOU, this first case was dismissed without prejudice on October 30, 1992.

The Washington Legal Clinic and several homeless families filed a second suit in the same court against the same defendant on April 5, 1993. The suit was filed on behalf of all "Homeless families seeking eligibility determinations after November 1, 1991, under the District of Columbia state plan for Emergency Assistance." The Plaintiffs' complaint and amended complaint are not available, but the Clearinghouse does have several substantive opinions from the case, from which this summary is derived. The original complaint listed six counts under which the plaintiffs sought relief. The first count alleged that the District had violated, under color of law, federal requirements governing the District's participation in the Emergency Assistance program under Title IV-A of the Social Security Act, 42 U.S.C. § 602 et seq., compliance with which, the plaintiffs argued, was enforceable by private suit under 42 U.S.C. § 1983. The second count alleged that the District had arbitrarily refused to evaluate the eligibility of applicants for services and did not provide them with oral or written notice of denial of shelter. The third and fifth counts involved allegations that the plaintiffs' First Amendment rights were violated when the District denied Legal Clinic advocates access to the Shelter Office waiting room (this appears to have been the subject of the earlier MOU.) Counts four and six involved due process and equal protection challenges relating to allegations that the District distributed public benefits in an arbitrary manner, and also to the District's enforcement of local laws, including one requiring the District to obtain all federal funding for emergency shelters for which it was eligible.

Three months after filing the second suit, the Plaintiff's filed a motion seeking a preliminary injunction requiring the District to comply with federal and local laws governing the emergency assistance program. The day before a hearing was scheduled on the injunction motion, the District filed a supplemental memorandum in which it argued that the issue was moot because the City had opted to withdraw from the family shelter portion of its federally approved and funded emergency assistance program. On July 30, 1993 the Court denied the preliminary injunction in light of the District's ceasing to operate the disputed family shelter program.

On July 29, 1993, the plaintiffs filed an amended complaint, which added as a seventh claim for relief the allegation that the District's having opted to not apply for federal funding for the emergency family shelter program, and its elimination of those services, was in violation of local law.

The defendant then moved to have the case dismissed. On April 15, 1994 the Court (Judge Joyce Hens Green) denied this motion in part and granted it in part. The court dismissed the first and second counts, but allowed the other five claims to move forward. In the same order, the Court granted class certification and certified two of the named plaintiffs as class representatives. Washington Legal Clinic for the Homeless v. Kelly, 1994 WL 823564 (D.D.C. 1993).

After the July 1993 order, there was an extended discovery period. A trial was conducted in May of 1995. On February 23, 1996, Judge Green entered her judgment, which was largely in favor of the Plaintiffs, finding that the plaintiff class had an entitlement to emergency shelter that amounted to a protected property interest and which was therefore sufficient to trigger due process protection. However, the court found that the District had not violated the equal protection clause. The Court found that the District had violated the First Amendment when it restricted the times when Legal Clinic advocates could enter the shelter office. The court issued an injunction ordering the District to develop policies and procedures that would not violate the plaintiff class' due process rights. Washington Legal Clinic for the Homeless v. Barry, 918 F.Supp. 440 (D.D.C. 1996). On July 23, 1996, Judge Green denied the Defendant's motion for a stay pending the outcome of their appeal. In the same opinion she also issued orders relating to the documentation requirements imposed on applicants for public benefits by the District. Washington Legal Clinic for the Homeless v. Barry, 1996 WL 422494 (D.D.C. 1996).

On March 4, 1997 the District of Columbia Circuit Court of Appeals (Judge David S. Tatel, writing for a three-judge panel) reversed the lower court's decision with respect to the due process claim, holding that the Plaintiffs' entitlement to emergency shelter was not a property right under the law of the District of Columbia. It upheld the lower court's First Amendment findings. Washington Legal Clinic for the Homeless v. Barry, 1997 WL 634555 (D.C. Cir. 1996).

This decision effectively ended the case.

Summary Authors

Alex Colbert-Taylor (7/15/2013)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/10086041/parties/wash-legal-clinic-v-barry/

Judge(s)

Ginsburg, Ruth Bader (District of Columbia)

Attorney for Plaintiff

Caruso, Joanne E (California)

Cunniff, Martin F (District of Columbia)

Garske , Peder A (District of Columbia)

Attorney for Defendant

Goode, Jesse P (District of Columbia)

Judge(s)

Ginsburg, Ruth Bader (District of Columbia)

Green, Joyce Hens (District of Columbia)

Randolph, Arthur Raymond (District of Columbia)

Silberman, Laurence Hirsch (District of Columbia)

Tatel, David S. (District of Columbia)

Wald, Patricia McGowan (District of Columbia)

Attorney for Plaintiff

Caruso, Joanne E (California)

Cunniff, Martin F (District of Columbia)

Garske , Peder A (District of Columbia)

Ivens, Gary Lester (District of Columbia)

McManus, Katherine Dwyer (Virginia)

Tuennerman, Jill A (District of Columbia)

Wegener, Mark Douglas (District of Columbia)

Attorney for Defendant

Goode, Jesse P (District of Columbia)

Murasky, Donna M. (District of Columbia)

Schwab, Edward E. (District of Columbia)

Valentine, George C. (District of Columbia)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

1:93-cv-00691	Docket [PACER]	Jan. 5, 1998	Jan. 5, 1998 Docket
152 1:93-cv-00691	Memorandum Opinion and Order Washington Legal Clinic for the Homeless v. Kelly	April 15, 1994	April 15, 1994 Order/Opinion 1994 WL 823564
234 1:93-cv-00691	Memorandum Opinion and Order	Feb. 23, 1996	Feb. 23, 1996 Order/Opinion 918 F.Supp. 440
249 1:93-cv-00691	Order	July 23, 1996	July 23, 1996 Order/Opinion 1996 WL 422494
96-07066	Opinion for the Court U.S. Court of Appeals for the District of Columbia Circuit	March 4, 1997	March 4, 1997 Order/Opinion 107 F.3d 32
96-07165	Order Washington Legal Clinic of the Homeless v. Barry U.S. Court of Appeals for the District of Columbia Circuit	Sept. 18, 1997	Sept. 18, 1997 Order/Opinion 1997 WL 634555
96-07066	Homeless Not Entitled to Emergency Shelter in District of Columbia	March 9, 1998	March 9, 1998 Press Release

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/10086041/wash-legal-clinic-v-barry/

Last updated Sept. 22, 2026, 7:34 p.m.

Docket for: WASH. LEGAL CLINIC v. BARRY

ECF Number	Date	Description	Link
1	April 5, 1993	COMPLAINT filed (ted) (Entered: 04/06/1993)	RECAP
2	April 5, 1993	RULE 109 Certificate of disclosure of corporate affiliations and financial interests by plaintiff(s) WASH. LEGAL CLINIC (ted) (Entered: 04/06/1993)	RECAP
3	April 5, 1993	REQUEST by plaintiff(s) to defendant SHARON PRATT KELLY for production of documents (ted) (Entered: 04/06/1993)	RECAP
4	April 5, 1993	INTERROGATORIES filed by plaintiff(s) to defendant SHARON PRATT KELLY (ted) (Entered: 04/06/1993)	RECAP
	April 5, 1993	SUMMONS issued for defendant SHARON PRATT KELLY (ted) (Entered: 04/06/1993)	PACER
	April 5, 1993	SUMMONS issued for defendant SHARON PRATT KELLY (ted)
5	April 6, 1993	ATTORNEY APPEARANCE for all plaintiffs by Gary Lester Ivens (kk) (Entered: 04/07/1993)	RECAP
6	April 6, 1993	NOTICE by plaintiffs of current address for counsel Gary Lester Ivens and Mark Douglas Wegener: HOWREY & SIMON, 1299 Pennsylvania Avenue, N.W., Washington, DC 20004, (202) 783-0800. (kk) (Entered: 04/07/1993)	RECAP
7	April 22, 1993	MOTION filed by defendant SHARON PRATT KELLY to extend time to 5/10/93 to answer the complaint, or to extend time to 5/10/93 to file a dispositive motion (kk) (Entered: 04/23/1993)	RECAP
8	April 26, 1993	ORDER by Judge Joyce H. Green : granting motion to extend time to 5/10/93 to file a dispositive motion [7-2] by PRATT KELLY; answer due 5/10/93 (N) (jaw) (Entered: 04/27/1993)	RECAP
9	May 10, 1993	MOTION filed by defendant SHARON PRATT KELLY for a stay of all proceedings, including discovery, pending a ruling on defendant's motion to dismiss (kk) (Entered: 05/11/1993)	RECAP
10	May 10, 1993	MOTION filed by defendant SHARON PRATT KELLY for leave to file a memorandum of points and authorities in support of defendant's motion to dismiss in excess of the page limitation ; EXHIBIT (DEFENDANT'S MOTION TO DISMISS) (kk) (Entered: 05/11/1993)	RECAP
11	May 12, 1993	ORDER by Judge Joyce H. Green : granting motion for leave to file a memorandum of points and authorities in support defendant's motion to dismiss in excess of the page limitation [10-1] by SHARON PRATT KELLY (N) (jaw) (Entered: 05/12/1993)	RECAP
12	May 12, 1993	MOTION filed by defendant SHARON PRATT KELLY to dismiss ; Attachment (kk) (Entered: 05/13/1993)	RECAP
13	May 13, 1993	RETURN OF SERVICE of summons and complaint executed upon defendant SHARON PRATT KELLY (received by Greg Holmes, Assistant to Mayor) on 4/5/93 by process server (kk) (Entered: 05/13/1993)	RECAP
14	May 20, 1993	MOTION filed by plaintiff to extend time to 6/8/93 to respond to defendant's motion to dismiss (kk) (Entered: 05/21/1993)	RECAP
15	May 21, 1993	ORDER by Judge Joyce H. Green : granting motion to extend time to 6/8/93 to respond to defendant's motion to dismiss [14-1] by plaintiff(s); response to motion by pltf. to motion of deft. to dismiss due by 6/8/93 ; (N) (jaw) (Entered: 05/21/1993)	RECAP
16	May 24, 1993	MEMORANDUM by plaintiffs in opposition to motion by defendant SHARON PRATT KELLY for a stay of all proceedings, including discovery, pending a ruling on defendant's motion to dismiss [9-1]; Exhibits (2) (kk) (Entered: 05/25/1993)	RECAP
17	June 3, 1993	UNOPPOSED MOTION filed by defendant SHARON PRATT KELLY to extend time to 6/10/93 to reply to plaintiffs' opposition to defendant's motion to stay all proceedings (kk) (Entered: 06/04/1993)	RECAP
18	June 7, 1993	ORDER by Judge Joyce H. Green : granting motion to extend time to 6/10/93 to reply to plaintiffs' opposition to defendant's motion to stay all proceedings [17-1] by SHARON PRATT KELLY; reply by deft. to opposition of pltf. to motion of deft. to stay all proceedings due by 6/10/93 (N) (jaw) (Entered: 06/08/1993)	RECAP
19	June 8, 1993	RESPONSE by plaintiffs in opposition to motion to dismiss [12-1] by defendant SHARON PRATT KELLY; Exhibit (kk) (Entered: 06/08/1993)	RECAP
20	June 9, 1993	ATTORNEY APPEARANCE for plaintiffs by Jill A. Tuennerman (kk) (Entered: 06/10/1993)	RECAP
21	June 9, 1993	ATTORNEY APPEARANCE for plaintiffs by Katherine Dwyer McManus (kk) (Entered: 06/10/1993)	RECAP
22	June 10, 1993	REPLY by defendant SHARON PRATT KELLY to response by plaintiffs in opposition to defendant's motion for a stay of all proceedings, including discovery, pending a ruling on defendant's motion to dismiss [9-1]; Exhibit (kk) (Entered: 06/11/1993)	RECAP
23	June 15, 1993	MOTION filed by defendant SHARON PRATT KELLY to extend time to 6/22/93 to reply to plaintiffs' opposition to defendant's motion to dismiss (kk) (Entered: 06/15/1993)	RECAP
24	June 16, 1993	ORDER by Judge Joyce H. Green : denying motion for a stay of all proceedings, including discovery, pending a ruling defendant's motion to dismiss [9-1] by SHARON PRATT KELLY; and deft. to respond to all of pltfs' outstanding discovery reqests within 20-days of the date of this order (N) (jaw) (Entered: 06/16/1993)	RECAP
25	June 17, 1993	ORDER by Judge Joyce H. Green : granting motion to extend time to 6/22/93 to reply to plaintiffs' opposition to defendant's motion to dismiss [23-1] by SHARON PRATT KELLY; response to dispositive motions due by 6/22/93 ; (N) (jaw) (Entered: 06/17/1993)	RECAP
26	June 17, 1993	RESPONSE by plaintiffs in opposition to defendant's motion to extend time to 6/22/93 to reply to plaintiffs' opposition to defendant's motion to dismiss [23-1] (kk) (Entered: 06/17/1993)	RECAP
27	June 22, 1993	REPLY by defendant SHARON PRATT KELLY to response to motion to dismiss [12-1] by SHARON PRATT KELLY (sm) (Entered: 06/23/1993)	RECAP
28	June 30, 1993	MOTION filed by plaintiffs WASH. LEGAL CLINIC, FATHER MCKENNA CTR., FRANZIN MELTON, ANGELINA EASTER, TOMIKIO HALL, KOYA HARLESTON, DEBRA KING and TAMMY MONTAGUE for class certification ; Exhibits (2) (kk) (Entered: 07/01/1993)	RECAP
29	July 1, 1993	MOTION filed by plaintiffs for preliminary injunction ; Exhibits (10), Attachments (11) (kk) (Entered: 07/02/1993)	RECAP
30	July 6, 1993	ORDER by Judge Joyce H. Green : response by deft. to motion of pltf. for preliminary injunction due 7/14/93 ; reply to motion due 7/16/93 ; motion hearing set for 1:30 7/20/93 (20-minutes per side) (N) (jaw) (Entered: 07/06/1993)	RECAP
31	July 13, 1993	RESPONSE by defendant SHARON PRATT KELLY to plaintiffs' motion for class certification [28-1] (kk) (Entered: 07/14/1993)	RECAP
32	July 14, 1993	RESPONSE by defendant SHARON PRATT KELLY in opposition to motion for preliminary injunction [29-1] by plaintiffs; Exhibits (4) (kk) (Entered: 07/15/1993)	RECAP
33	July 16, 1993	REPLY by plaintiffs in support of their motion for a preliminary injunction [29-1]; Exhibits (2), Attachments (3) (kk) (Entered: 07/20/1993)	RECAP
34	July 16, 1993	MOTION filed by defendant SHARON PRATT KELLY to extend time to 7/19/93 to respond to plaintiffs' discovery (kk) (Entered: 07/20/1993)	RECAP
35	July 19, 1993	SUPPLEMENTAL MEMORANDUM by defendant SHARON PRATT KELLY in support of her opposition to plaintiffs' motion for a preliminary injunction; Exhibit (kk) (Entered: 07/20/1993)	RECAP
36	July 20, 1993	SUPPLEMENTAL REPLY by plaintiffs in support of their motion for a preliminary injunction [29-1] (kk) (Entered: 07/21/1993)	RECAP
	July 20, 1993	MOTION HEARING before Judge Joyce H. Green by plaintiff(s) motion for preliminary [29−1] taken under advisement; dispositive motions due 7/27/93 ; response to dispositive motions due 8/16/93 ; reply to dispositive motions due 8/27/93 ; Reporter: Gordon Slodysko (jaw) (Entered: 07/20/1993)	PACER
	July 20, 1993	MOTION HEARING before Judge Joyce H. Green by plaintiff(s) motion for preliminary [29-1] taken under advisement; dispositive motions due 7/27/93 ; response to dispositive motions due 8/16/93 ; reply to dispositive motions due 8/27/93 ; Reporter: Gordon Slodysko (jaw)
37	July 22, 1993	ORDER by Judge Joyce H. Green : For non-filing of discovery and directing discovery materials shall not be filed except by leave of court (N) (jaw) (Entered: 07/22/1993)	RECAP
38	July 22, 1993	NOTICE OF FILING by defendant SHARON PRATT KELLY of legislative history of DC Code Sec. 3-206.1 et seq. and Sec. 3-601 et seq., pursuant to Court's request; Attachment (kk) (Entered: 07/22/1993)	RECAP
39	July 26, 1993	NOTICE OF FILING by plaintiffs of supplemental affidavit of Tony Russo; Exhibit (kk) (Entered: 07/27/1993)	RECAP
40	July 27, 1993	MOTION filed by defendant SHARON PRATT KELLY for leave to file a supplemental memorandum in support of defendant's motion to dismiss, in excess of 45 pages ; EXHIBIT (DEFENDANT MAYOR KELLY'S SUPPLEMENTAL MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF DEFENDANT'S MOTION TO DISMISS)(kk) Modified on 07/28/1993 (Entered: 07/28/1993)	RECAP
41	July 28, 1993	RESPONSE by defendant SHARON PRATT KELLY to plaintiffs' submission of supplemental affidavit of Tony Russo [39-1] (kk) (Entered: 07/29/1993)	RECAP
42	July 28, 1993	NOTICE OF FILING by plaintiffs of supplemental legislative history; Exhibit (kk) (Entered: 07/29/1993)	RECAP
43	July 29, 1993	FIRST AMENDED COMPLAINT by plaintiffs for Declaratory, Injunctive and Mandatory relief; amending complaint [1-1] (kk) (Entered: 07/30/1993)	RECAP
44	July 30, 1993	MEMORANDUM OPINION AND ORDER by Judge Joyce H. Green : finding motion for preliminary injunction by plaintiff(s) [29-1] moot; and directing deft. to timely answer the amended complaint. (N) (jaw) (Entered: 07/30/1993)	RECAP
45	Aug. 11, 1993	MOTION filed by plaintiffs for leave to file a memorandum of points and authorities in support of their opposition to defendant's motion to dismiss in excess of the 45 page limitation (kk) (Entered: 08/12/1993)	RECAP
46	Aug. 12, 1993	TRANSCRIPT of hearing on motion for preliminary injunction before Judge Joyce Green filed for date of 7/20/93. Reporter: G. Slodysko (kk) (Entered: 08/12/1993)	RECAP
47	Aug. 13, 1993	MOTION filed by defendant SHARON PRATT KELLY to extend time to 8/27/93 to answer plaintiffs' amended complaint (kk) (Entered: 08/16/1993)	RECAP
48	Aug. 16, 1993	RESPONSE by plaintiffs in opposition to motion by defendant SHARON PRATT KELLY to dismiss [12-1]; Exhibit (kk) (Entered: 08/17/1993)	RECAP
49	Aug. 19, 1993	RESPONSE by plaintiffs in opposition to motion by defendant SHARON PRATT KELLY to extend time to 8/27/93 to answer plaintiffs' amended complaint [47-1] (kk) (Entered: 08/19/1993)	RECAP
50	Aug. 19, 1993	ORDER by Judge Joyce H. Green : granting motion by defendant SHARON PRATT KELLY to extend time to 8/27/93 to answer plaintiffs' amended complaint [47-1]; defendant's answer to plaintiffs' amended complaint due 8/27/93 (N) (kk) (Entered: 08/19/1993)	RECAP
51	Aug. 19, 1993	ORDER by Judge Joyce H. Green : granting plaintiffs' motion for leave to file a memorandum of points and authorities in support their opposition to defendant's motion to dismiss in excess of the 45 page limitation [45-1] (N) (kk) (Entered: 08/19/1993)	RECAP
52	Aug. 27, 1993	MOTION filed by defendant SHARON PRATT KELLY for leave to file a memorandum in support of defendant's motion to dismiss the first amended complaint in excess of the 45 page limitation ; EXHIBIT (DEFENDANT KELLY'S MOTION TO DISMISS PLAINTIFFS' FIRST AMENDED COMPLAINT) (kk) Modified on 08/30/1993 (Entered: 08/30/1993)	RECAP
53	Aug. 31, 1993	REPLY by defendant SHARON PRATT KELLY to plaintiffs' opposition to defendant's supplemental memorandum in support of defendant's motion to dismiss [48-1] (kk) (Entered: 09/01/1993)	RECAP
54	Sept. 1, 1993	ORDER by Judge Charles R. Richey : granting motion by defendant SHARON PRATT KELLY for leave to file a memorandum in support of defendant's motion to dismiss the first amended complaint in excess of the 45 page limitation [52-1] (N) (kk) (Entered: 09/01/1993)	RECAP
55	Sept. 1, 1993	MOTION filed by defendant SHARON PRATT KELLY to dismiss plaintiffs' first amended complaint ; Exhibits (7) (kk) (Entered: 09/01/1993)	RECAP
56	Sept. 8, 1993	MOTION filed by plaintiff(s) for leave to file excess pages limitation for memorandum in opposition to motion to dismiss the first amended complaint (sm) (Entered: 09/09/1993)	RECAP
57	Sept. 16, 1993	ORDER by Judge Joyce H. Green : granting motion for leave to file excess pages limitation for memorandum in to motion to dismiss the first amended complaint [56-1] by plaintiff(s); and directing that in the future, both parties must confine their arguments to 45-pages. (N) (jaw) (Entered: 09/17/1993)	RECAP
59	Sept. 16, 1993	RESPONSE by plaintiffs in opposition to motion by defendant SHARON PRATT KELLY to dismiss plaintiffs' first amended complaint [55-1]; Exhibit (kk) (Entered: 09/21/1993)	RECAP
58	Sept. 20, 1993	MOTION filed by defendant SHARON PRATT KELLY to extend time to 9/30/93 to reply to plaintiffs' opposition to defendant's motion to dismiss the first amended complaint (kk) (Entered: 09/21/1993)	RECAP
	Sept. 24, 1993	CASE REFERRED to Mag. Judge Deborah A. Robinson for discovery (mbd) (Entered: 09/24/1993)	PACER
	Sept. 24, 1993	CASE REFERRED to Mag. Judge Deborah A. Robinson for discovery (mbd)
60	Sept. 30, 1993	REPLY by defendant SHARON PRATT KELLY to response by plaintiffs in opposition to defendant's motion to dismiss plaintiffs' first amended complaint [55-1]; Exhibits (2) (kk) (Entered: 09/30/1993)	RECAP
61	Oct. 1, 1993	NOTICE OF FILING by plaintiffs of additional authority in support of their opposition to defendant's motion to dismiss plaintiffs' first amended complaint [59-1]; Exhibit (kk) Modified on 10/04/1993 (Entered: 10/04/1993)	RECAP
62	Oct. 4, 1993	ORDER by Judge Joyce H. Green : granting motion by defendant SHARON PRATT KELLY to extend time, nunc pro tunc, to 9/30/93 to reply to plaintiffs' opposition to defendant's motion to dismiss the first amended complaint [58-1]; defendant's reply to plaintiffs' opposition to defendant's motion to dismiss the first amended complaint due 9/30/93 (N) (kk) (Entered: 10/04/1993)	RECAP
63	Oct. 4, 1993	NOTICE OF FILING by plaintiffs of additional authority (Civil No. 90-262-P-C, "Albiston v. Commissioner, Maine Department of Human Services") in support of their opposition to defendant's motion to dismiss plaintiffs' first amended complaint; Exhibit (kk) (Entered: 10/04/1993)	RECAP
64	Oct. 12, 1993	MOTION filed by plaintiff(s) to compel the production of documents and answers to interrogatories ; Exhibits (6) (sm) (Entered: 10/13/1993)	RECAP
65	Oct. 15, 1993	MOTION filed by defendant SHARON PRATT KELLY for protective order to preclude plaintiffs from taking the deposition of Vincent C. Gray ; Attachment (sm) (Entered: 10/15/1993)	RECAP
66	Oct. 19, 1993	MOTION filed by plaintiffs for leave to videotape depositions and REQUEST for expedited consideration (kk) (Entered: 10/19/1993)	RECAP
67	Oct. 19, 1993	MOTION filed by plaintiffs for leave to file a surreply ; EXHIBIT (PLAINTIFF'S SURREPLY IN RESPONSE TO THE DEFENDANT'S REPLY IN SUPPORT OF ITS MOTION TO DISMISS) (kk) (Entered: 10/19/1993)	RECAP
68	Oct. 22, 1993	ORDER by Judge Joyce H. Green : granting motion for leave to file a surreply [67-1] by plaintiffs (N) (jaw) (Entered: 10/22/1993)	RECAP
69	Oct. 22, 1993	SURREPLY by plaintiffs in response to reply by defendant SHARON PRATT KELLY in support of her motion to dismiss plaintiffs' first amended complaint [60-1]; Exhibit (kk) Modified on 10/25/1993 (Entered: 10/25/1993)	RECAP
70	Oct. 25, 1993	PRELIMINARY RESPONSE by defendant SHARON PRATT KELLY to plaintiffs' motion for leave to videotape depositions [66-1] and request for expedited consideration (kk) (Entered: 10/26/1993)	RECAP
71	Oct. 26, 1993	MOTION filed by defendant SHARON PRATT KELLY to extend time to 11/12/93 to oppose plaintiffs' motion to compel (kk) (Entered: 10/27/1993)	RECAP
72	Oct. 29, 1993	MOTION filed by defendant SHARON PRATT KELLY to extend time to 10/3/93 to file an opposition to plaintiffs' motion for leave to videotape depositions (kk) (Entered: 11/01/1993)	RECAP
73	Oct. 29, 1993	RESPONSE by plaintiffs in opposition to motion by defendant SHARON PRATT KELLY for protective order to preclude plaintiffs from taking the deposition of Vincent C. Gray [65-1]; Exhibit (kk) Modified on 11/01/1993 (Entered: 11/01/1993)	RECAP
74	Oct. 29, 1993	NOTICE OF FILING by plaintiffs of an Eighth Circuit Court of Appeals decision in support of plaintiffs' opposition to defendant's motion to dismiss the first amended complaint [55-1]; Exhibit (kk) (Entered: 11/01/1993)	RECAP
75	Nov. 1, 1993	ERRATUM by defendant SHARON PRATT KELLY noting incorrect extension date of 10/3/93 in defendant's motion for extension of time to oppose plaintiffs' motion for leave to videotape depositions [72-1], filed 10/29/93 (kk) Modified on 11/02/1993 (Entered: 11/02/1993)	RECAP
76	Nov. 3, 1993	MOTION filed by defendant SHARON PRATT KELLY to extend time to 11/4/93 to oppose plaintiffs' motion for leave to videotape depositions and for expedited consideration (kk) (Entered: 11/04/1993)	RECAP
77	Nov. 4, 1993	RESPONSE by defendant SHARON PRATT KELLY in opposition to plaintiffs' motion for leave to videotape depositions [66-1] and request for expedited consideration (kk) (Entered: 11/05/1993)	RECAP
78	Nov. 8, 1993	SURRESPONSE by defendant SHARON PRATT KELLY to plaintiffs' surreply to defendant's reply in support of defendant's motion to dismiss plaintiffs' first amended complaint [69-1]; Attachment (kk) (Entered: 11/09/1993)	RECAP
79	Nov. 10, 1993	MOTION filed by plaintiff(s) for order regarding the deposition of Ms. Helen Keys, and for expedited consideration ; Exhibits (19) (sm) (Entered: 11/12/1993)	RECAP
80	Nov. 10, 1993	MOTION filed by defendant SHARON PRATT KELLY to extend time to 11/19/93 to reply to opposition to motion for protective order to preclude plaintiffs from taking the deposition of Vincent C. Gray (sm) (Entered: 11/12/1993)	RECAP
81	Nov. 10, 1993	MOTION filed by defendant SHARON PRATT KELLY for entry of protective order ; Attachment (Stipulation) (sm) (Entered: 11/12/1993)	RECAP
85	Nov. 10, 1993	ORDER by Mag. Judge Deborah A. Robinson : granting motion to extend time to 11/12/93 to oppose plaintiffs' motion to compel [71-1] by SHARON PRATT KELLY response to motion(s) due by 11/15/93 ; (N) (bh) (Entered: 11/17/1993)	RECAP
82	Nov. 12, 1993	REPLY by plaintiff(s) to response to motion for leave to videotape depositions [66-1] by plaintiff(s) (sm) (Entered: 11/12/1993)	RECAP
83	Nov. 12, 1993	RESPONSE by defendant SHARON PRATT KELLY in opposition to plaintiffs' motion to compel the production of documents and answers to interrogatories [64-1]; Exhibits (2) (kk) (Entered: 11/15/1993)	RECAP
84	Nov. 15, 1993	SUPPLEMENTAL OPPOSITION by defendant SHARON PRATT KELLY to plaintiffs' motion to compel the production of documents and answers to interrogatories [64-1]; Attachments (kk) (Entered: 11/16/1993)	RECAP
86	Nov. 17, 1993	RESPONSE by plaintiffs in opposition to motion by defendant SHARON PRATT KELLY to extend time to 11/19/93 to reply to plaintiffs' opposition to defendant's motion for protective order to preclude plaintiffs from taking the deposition of Vincent C. Gray [80-1] (kk) (Entered: 11/18/1993)	RECAP
87	Nov. 18, 1993	PROTECTIVE ORDER (consent) by Mag. Judge Deborah A. Robinson setting forth procedures for handling confidential material; allowing designated material to be filed under seal (N) (bh) (Entered: 11/18/1993)	RECAP
	Nov. 18, 1993	SCHEDULING NOTICE: discovery status hearing set for 11:00 11/30/93 before Mag. Judge Robinson ; (bh) (Entered: 11/22/1993)	PACER
	Nov. 18, 1993	SCHEDULING NOTICE: discovery status hearing set for 11:00 11/30/93 before Mag. Judge Robinson ; (bh)
88	Nov. 19, 1993	REPLY by defendant SHARON PRATT KELLY to response by plaintiffs in opposition to defendant's motion for protective order to preclude plaintiffs from taking the deposition of Vincent C. Gray [65-1]; Exhibit (kk) (Entered: 11/22/1993)	RECAP
89	Nov. 19, 1993	MOTION filed by plaintiffs for leave to file reply by 11/26/93 to defendant's opposition to plaintiffs' motion to compel production of documents and answers to interrogatories [83-1] (kk) (Entered: 11/22/1993)	RECAP
90	Nov. 24, 1993	REPLY by plaintiffs to response by defendant in opposition to plaintiffs' motion to compel the production of documents and answers to interrogatories [64-1]; Exhibits (9) (kk) (Entered: 11/26/1993)	RECAP
91	Nov. 29, 1993	EMERGENCY CONSENT MOTION filed by defendant SHARON PRATT KELLY to continue the discovery status conference (kk) (Entered: 11/30/1993)	RECAP
95	Nov. 29, 1993	ORDER by Mag. Judge Deborah A. Robinson : granting motion to continue the discovery status conference to 12/2/93, 11:30 a.m. [91-1] by SHARON PRATT KELLY (N) (bh) (Entered: 12/08/1993)	RECAP

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Case Details

State / Territory:

District of Columbia

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: April 5, 1993

Closing Date: March 4, 1997

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The Washington Legal Clinic for the Homeless and several homeless families, on behalf of all homeless families seeking eligibility determinations after November 1, 1991, under the District of Columbia state plan for Emergency Assistance.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

City

Washington, DC

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Due Process

Equal Protection

Freedom of speech/association

Other Dockets:

District of District of Columbia 1:93-cv-00691

U.S. Court of Appeals for the District of Columbia Circuit 96-07066

U.S. Court of Appeals for the District of Columbia Circuit 96-07165

Available Documents:

Any published opinion

Complaint (any)

Non-settlement Outcome

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Declaratory Judgment

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief denied

Issues

General/Misc.:

Access to public accommodations - governmental

Emergency shelter

Placement in shelters

Poverty/homelessness

Public benefits (includes, e.g., in-state tuition, govt. jobs)

Wait lists

Benefits (Source):

Aid to Families with Dependent Children (AFDC)

Recommended Citation

Case Summary of Washington Legal Clinic for the Homeless v. Barry, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/11174/ (last updated 7/15/2013).