Case: Reese v. Miami-Dade County

1:01-cv-03766 | U.S. District Court for the Southern District of Florida

Filed Date: Sept. 6, 2001

Closed Date: Nov. 19, 2009

Clearinghouse coding complete

Case Summary

On September 6, 2001 displaced public housing residents represented by Florida Legal Services Inc., the Florida Justice Institute, and the National Housing Law Project filed a class action lawsuit in the U.S. District Court for the Southern District of Florida alleging that a revitalization plan for their complexes in Liberty City, Miami, Florida was racially discriminatory. The plaintiffs' claimed violations of the Fair Housing Act (42 U. S. C. §§ 3601 et seq.), Title VI of Civil Rights Acts o…

On September 6, 2001 displaced public housing residents represented by Florida Legal Services Inc., the Florida Justice Institute, and the National Housing Law Project filed a class action lawsuit in the U.S. District Court for the Southern District of Florida alleging that a revitalization plan for their complexes in Liberty City, Miami, Florida was racially discriminatory. The plaintiffs' claimed violations of the Fair Housing Act (42 U. S. C. §§ 3601 et seq.), Title VI of Civil Rights Acts of 1964 (42 U.S.C. §2000d), Fifth and Fourteenth Amendment Equal Protection, the Quality Housing and Work Responsibility Act (QHWRA) ( 42 U.S. C. §1437v) and the Housing and Community Development Act (42 U.S.C. § 5304). The complaint was directed at two sets of defendants - Miami-Dade County / the Miami-Dade County Housing Agency (MDHA) and the U.S. Department of Housing and Urban Development (HUD). The plaintiffs sought injunctive and declaratory relief.

The thrust of plaintiffs' complaint was that the defendants' configuration of the Liberty City HOPE VI project was consciously designed to discourage African-Americans from living in the redeveloped Scott Homes neighborhood, and that the county's revitalization plan, as approved by HUD, would result in the destruction of affordable housing and the forced displacement of residents.

On July 3, 2002, the District Court (Judge Shelby Highsmith) certified a class consisting of all current African-American residents in the Scott-Holmes Housing Projects but denied (for lack of standing) certification of a class consisting of persons on the waiting list and applicants who would eventually be placed on the MDHA waiting list.

On November 11, 2009, United States District Court (Judge Daniel T. K. Hurley) granted defendants' motion for summary judgment and denied plaintiffs' motion for summary judgment. On November 19, 2009, the court ordered final summary judgment against the plaintiffs, closing the case and terminating any pending motions as moot.

Summary Authors

David Miller (3/19/2010)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/5584703/parties/reese-v-miami-dade-county/


Judge(s)

Highsmith, Shelby (Florida)

Hopkins, James M. (Florida)

Hurley, Daniel T. K. (Florida)

Attorneys(s) for Plaintiff

Berg, Randall Challen Jr. (Florida)

Elsesser, Charles F Jr. (Florida)

Espinosa, Todd Isaac (California)

Newman, JoNel (Florida)

Reid, Benjamin (Florida)

Siegel, Peter Michael (Florida)

Attorneys(s) for Defendant

Bonn, Laura W. (Florida)

Judge(s)

Highsmith, Shelby (Florida)

Hopkins, James M. (Florida)

Hurley, Daniel T. K. (Florida)

Attorneys(s) for Plaintiff

Berg, Randall Challen Jr. (Florida)

Elsesser, Charles F Jr. (Florida)

Espinosa, Todd Isaac (California)

Newman, JoNel (Florida)

Reid, Benjamin (Florida)

Siegel, Peter Michael (Florida)

Attorneys(s) for Defendant

Bonn, Laura W. (Florida)

Ginsburg, Robert A (Florida)

Harrigan, Clare (District of Columbia)

Hope, David Stephen (Florida)

Jacobus, Wendy A. (Florida)

Lee, Cynji Antoinette (Florida)

Lewis, Guy A (Florida)

McInnis, John Darrell (Florida)

Neuman, Brenda Kuhns (Florida)

Smith, Terrence Andrew (Florida)

Weinkle, James Allen (Florida)

Documents in the Clearinghouse

Document

1:01-cv-03766

Docket

Jan. 28, 2010

Jan. 28, 2010

Docket
1

1:01-cv-03766

Class Action Complaint for Declaratory and Injunctive Relief

Sept. 6, 2001

Sept. 6, 2001

Complaint
30

1:01-cv-03766

Mel R. Martinez and United States Department of Housing and Urban Development Answer and Affirmative Defenses

Dec. 4, 2001

Dec. 4, 2001

Pleading / Motion / Brief
136

1:01-cv-03766

Order Granting in Part, Denying in Part Motion to Certify Class Action

209 F.R.D. 231

July 3, 2002

July 3, 2002

Order/Opinion
142

1:01-cv-03766

Miami-Dade County and Rene Rodriguez Answer and Affirmative Defenses to Plaintiffs' Class Action Complaint

July 22, 2002

July 22, 2002

Pleading / Motion / Brief
391

1:01-cv-03766

ORDER GRANTING DEFENDANTS’ MOTIONS FOR SUMMARY JUDGMENT & DENYING PLAINTIFFS’ MOTION FOR SUMMARY JUDGMENT

2009 WL 3762994

Nov. 10, 2009

Nov. 10, 2009

Order/Opinion
392

1:01-cv-03766

Final Summary Judgment

Nov. 20, 2009

Nov. 20, 2009

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5584703/reese-v-miami-dade-county/

Last updated Aug. 8, 2022, 3:15 a.m.

ECF Number Description Date Link Date / Link
391

ORDER denying 331 Plaintiffs' Motion for Attorney Fees; denying 336 Plaintiffs' Motion for Summary Judgment; denying 337 Plaintiffs' Motion for Partial Summary Judgment; granting 347 Federal Defendants' Motion for Summary Judgment; granting 349 County Defendants' Motion for Summary Judgment. Signed by Judge Daniel T. K. Hurley on 11/10/09. (lr)

Nov. 10, 2009

Nov. 10, 2009

RECAP

Case Details

State / Territory: Florida

Case Type(s):

Public Housing

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 6, 2001

Closing Date: Nov. 19, 2009

Case Ongoing: No

Plaintiffs

Plaintiff Description:

An unincorporated institution and a class consisting of residents of two public housing complexes in Miami-Dade County, whose demographics were almost entirely African-American.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Legal Services/Legal Aid

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Miami-Dade County (Miami, Dade), County

United States, Federal

Case Details

Causes of Action:

42 U.S.C. § 1983

Fair Housing Act/Fair Housing Amendments Act (FHAA), 42 U.S.C. §§ 3601 et seq.

Declaratory Judgment Act, 28 U.S.C. § 2201

Title VI, Civil Rights Act of 1964, 42 U.S.C. § 2000d et seq.

Constitutional Clause(s):

Due Process

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Funding