Case: Washington Legal Clinic for the Homeless v. Barry

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

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


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)

Attorneys(s) for Plaintiff

Caruso, Joanne E (California)

Cunniff, Martin F (District of Columbia)

Garske , Peder A (District of Columbia)

Ivens, Gary Lester (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)

Attorneys(s) 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)

Attorneys(s) 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)

Documents in the Clearinghouse

Document

Docket [PACER]

Jan. 5, 1998 Docket
152

Memorandum Opinion and Order

Washington Legal Clinic for the Homeless v. Kelly

1994 WL 823564

April 15, 1994 Order/Opinion
234

Memorandum Opinion and Order

918 F.Supp. 440

Feb. 23, 1996 Order/Opinion
249

Order

1996 WL 422494

July 23, 1996 Order/Opinion

Opinion for the Court

U. S. Court of Appeals for the District of Columbia Circuit

107 F.3d 32

March 4, 1997 Order/Opinion

Order

Washington Legal Clinic of the Homeless v. Barry

U. S. Court of Appeals for the District of Columbia Circuit

1997 WL 634555

Sept. 18, 1997 Order/Opinion

Homeless Not Entitled to Emergency Shelter in District of Columbia

March 9, 1998 Press Release

Resources

Title Description External URL

Docket

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT filed (ted) (Entered: 04/06/1993)

April 5, 1993

SUMMONS issued for defendant SHARON PRATT KELLY (ted) (Entered: 04/06/1993)

April 5, 1993
2

RULE 109 Certificate of disclosure of corporate affiliations and financial interests by plaintiff(s) WASH. LEGAL CLINIC (ted) (Entered: 04/06/1993)

April 5, 1993
3

REQUEST by plaintiff(s) to defendant SHARON PRATT KELLY for production of documents (ted) (Entered: 04/06/1993)

April 5, 1993
4

INTERROGATORIES filed by plaintiff(s) to defendant SHARON PRATT KELLY (ted) (Entered: 04/06/1993)

April 5, 1993
5

ATTORNEY APPEARANCE for all plaintiffs by Gary Lester Ivens (kk) (Entered: 04/07/1993)

April 6, 1993
7

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)

April 22, 1993
8

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)

April 26, 1993
9

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)

May 10, 1993
10

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)

May 10, 1993
11

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)

May 12, 1993
12

MOTION filed by defendant SHARON PRATT KELLY to dismiss ; Attachment (kk) (Entered: 05/13/1993)

May 12, 1993
13

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)

May 13, 1993
14

MOTION filed by plaintiff to extend time to 6/8/93 to respond to defendant's motion to dismiss (kk) (Entered: 05/21/1993)

May 20, 1993
15

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)

May 21, 1993
16

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)

May 24, 1993
17

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)

June 3, 1993
18

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)

June 7, 1993
19

RESPONSE by plaintiffs in opposition to motion to dismiss [12−1] by defendant SHARON PRATT KELLY; Exhibit (kk) (Entered: 06/08/1993)

June 8, 1993
20

ATTORNEY APPEARANCE for plaintiffs by Jill A. Tuennerman (kk) (Entered: 06/10/1993)

June 9, 1993
21

ATTORNEY APPEARANCE for plaintiffs by Katherine Dwyer McManus (kk) (Entered: 06/10/1993)

June 9, 1993
22

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)

June 10, 1993
23

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)

June 15, 1993
25

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)

June 17, 1993
26

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)

June 17, 1993
27

REPLY by defendant SHARON PRATT KELLY to response to motion to dismiss [12−1] by SHARON PRATT KELLY (sm) (Entered: 06/23/1993)

June 22, 1993
28

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)

June 30, 1993
29

MOTION filed by plaintiffs for preliminary injunction ; Exhibits (10), Attachments (11) (kk) (Entered: 07/02/1993)

July 1, 1993
30

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)

July 6, 1993
31

RESPONSE by defendant SHARON PRATT KELLY to plaintiffs' motion for class certification [28−1] (kk) (Entered: 07/14/1993)

July 13, 1993
32

RESPONSE by defendant SHARON PRATT KELLY in opposition to motion for preliminary injunction [29−1] by plaintiffs; Exhibits (4) (kk) (Entered: 07/15/1993)

July 14, 1993
33

REPLY by plaintiffs in support of their motion for a preliminary injunction [29−1]; Exhibits (2), Attachments (3) (kk) (Entered: 07/20/1993)

July 16, 1993
34

MOTION filed by defendant SHARON PRATT KELLY to extend time to 7/19/93 to respond to plaintiffs' discovery (kk) (Entered: 07/20/1993)

July 16, 1993
35

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)

July 19, 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)

July 20, 1993
36

SUPPLEMENTAL REPLY by plaintiffs in support of their motion for a preliminary injunction [29−1] (kk) (Entered: 07/21/1993)

July 20, 1993
37

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)

July 22, 1993
38

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)

July 22, 1993
39

NOTICE OF FILING by plaintiffs of supplemental affidavit of Tony Russo; Exhibit (kk) (Entered: 07/27/1993)

July 26, 1993
40

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)

July 27, 1993
42

NOTICE OF FILING by plaintiffs of supplemental legislative history; Exhibit (kk) (Entered: 07/29/1993)

July 28, 1993
43

FIRST AMENDED COMPLAINT by plaintiffs for Declaratory, Injunctive and Mandatory relief; amending complaint [1−1] (kk) (Entered: 07/30/1993)

July 29, 1993
44

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)

July 30, 1993
45

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)

Aug. 11, 1993
46

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)

Aug. 12, 1993
47

MOTION filed by defendant SHARON PRATT KELLY to extend time to 8/27/93 to answer plaintiffs' amended complaint (kk) (Entered: 08/16/1993)

Aug. 13, 1993
48

RESPONSE by plaintiffs in opposition to motion by defendant SHARON PRATT KELLY to dismiss [12−1]; Exhibit (kk) (Entered: 08/17/1993)

Aug. 16, 1993
49

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)

Aug. 19, 1993
50

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)

Aug. 19, 1993
51

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)

Aug. 19, 1993
52

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)

Aug. 27, 1993
53

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)

Aug. 31, 1993
54

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)

Sept. 1, 1993
55

MOTION filed by defendant SHARON PRATT KELLY to dismiss plaintiffs' first amended complaint ; Exhibits (7) (kk) (Entered: 09/01/1993)

Sept. 1, 1993
56

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)

Sept. 8, 1993
57

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)

Sept. 16, 1993
59

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)

Sept. 16, 1993

CASE REFERRED to Mag. Judge Deborah A. Robinson for discovery (mbd) (Entered: 09/24/1993)

Sept. 24, 1993
60

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)

Sept. 30, 1993
61

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)

Oct. 1, 1993
62

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)

Oct. 4, 1993
63

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)

Oct. 4, 1993
64

MOTION filed by plaintiff(s) to compel the production of documents and answers to interrogatories ; Exhibits (6) (sm) (Entered: 10/13/1993)

Oct. 12, 1993
65

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)

Oct. 15, 1993
66

MOTION filed by plaintiffs for leave to videotape depositions and REQUEST for expedited consideration (kk) (Entered: 10/19/1993)

Oct. 19, 1993
67

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)

Oct. 19, 1993
68

ORDER by Judge Joyce H. Green : granting motion for leave to file a surreply [67−1] by plaintiffs (N) (jaw) (Entered: 10/22/1993)

Oct. 22, 1993
69

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)

Oct. 22, 1993
70

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)

Oct. 25, 1993
71

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)

Oct. 26, 1993
72

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)

Oct. 29, 1993
73

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)

Oct. 29, 1993
74

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)

Oct. 29, 1993
75

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)

Nov. 1, 1993
77

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)

Nov. 4, 1993
78

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)

Nov. 8, 1993
79

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)

Nov. 10, 1993
80

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)

Nov. 10, 1993
81

MOTION filed by defendant SHARON PRATT KELLY for entry of protective order ; Attachment (Stipulation) (sm) (Entered: 11/12/1993)

Nov. 10, 1993
85

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)

Nov. 10, 1993
82

REPLY by plaintiff(s) to response to motion for leave to videotape depositions [66−1] by plaintiff(s) (sm) (Entered: 11/12/1993)

Nov. 12, 1993
83

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)

Nov. 12, 1993
84

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)

Nov. 15, 1993
86

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)

Nov. 17, 1993
87

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)

Nov. 18, 1993

SCHEDULING NOTICE: discovery status hearing set for 11:00 11/30/93 before Mag. Judge Robinson ; (bh) (Entered: 11/22/1993)

Nov. 18, 1993
88

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)

Nov. 19, 1993
89

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)

Nov. 19, 1993
90

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)

Nov. 24, 1993
91

EMERGENCY CONSENT MOTION filed by defendant SHARON PRATT KELLY to continue the discovery status conference (kk) (Entered: 11/30/1993)

Nov. 29, 1993
95

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)

Nov. 29, 1993
96

ORDER by Mag. Judge Deborah A. Robinson : granting motion 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] [89−1] by plaintiff(s) (N) (bh) (Entered: 12/08/1993)

Nov. 29, 1993
92

SECOND SUPPLEMENTAL RESPONSE by defendant SHARON PRATT KELLY in opposition to plaintiffs' motion to compel the production of documents and answers to interrogatories [64−1] (kk) (Entered: 12/02/1993)

Dec. 1, 1993
93

SUPPLEMENTAL MEMORANDUM by defendant SHARON PRATT KELLY in support of her motion to dismiss plaintiffs' first amended complaint [55−1]; Exhibit (kk) (Entered: 12/02/1993)

Dec. 1, 1993

DISCOVERY STATUS HEARING before Mag. Judge Deborah A. Robinson : Reporter: ERO (bh) (Entered: 12/08/1993)

Dec. 2, 1993
94

NOTICE by plaintiff(s) of withdrawal of motion for an order regarding the deposition of Ms. Helen Keys; Exhibits (1) "Let this be filed" ROBINSON, D., MAG. J. (sm) Modified on 12/06/1993 (Entered: 12/06/1993)

Dec. 3, 1993
97

ORDER by Mag. Judge Deborah A. Robinson : granting motion for entry of protective order [81−1] by SHARON PRATT KELLY, granting motion for leave to videotape depositions [66−1] by plaintiff(s) , granting in part, denying in part motion to compel the production of documents and answers to interrogatories [64−1]; denying motion of plaintiffs for costs;directing defendants to produce or make available for inspection by 12/17/93 certain documents. (N) (mon) (Entered: 12/10/1993)

Dec. 10, 1993
98

MOTION filed by plaintiffs for reconsideration by Magistrate Judge Robinson of part of the 12/10/93 Order [97−1] and for expedited consideration of the motion for reconsideration ; Exhibit (kk) Modified on 12/15/1993 (Entered: 12/15/1993)

Dec. 14, 1993
99

RESPONSE by defendant SHARON PRATT KELLY in opposition to motion for reconsideration by Magistrate Judge Robinson of part of the 12/10/93 Order [97−1] [98−1] by plaintiff(s), motion for expedited of the motion for reconsideration [98−2] by plaintiff(s) (sm) (Entered: 12/17/1993)

Dec. 17, 1993
100

ORDER by Mag. Judge Deborah A. Robinson : denying motion for reconsideration by Magistrate Judge Robinson of part of the 12/10/93 Order [97−1] [98−1] by plaintiff(s)ssssssssssss (N) (bh) (Entered: 12/20/1993)

Dec. 20, 1993

State / Territory: District of Columbia

Case Type(s):

Public Benefits/Government Services

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

Washington, DC (Washington, District of Columbia), City

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Due Process

Equal Protection

Freedom of speech/association

Availably Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Mixed

Nature of Relief:

Declaratory Judgment

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief denied

Issues

General:

Access to public accommodations - governmental

Emergency shelter

Placement in shelters

Poverty/homelessness

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

Wait lists

Benefit Source:

Aid to Families with Dependent Children (AFDC)