No. 18-5853

Dorothy Binns v. City of Marietta, Georgia

Lower Court: Eleventh Circuit
Docketed: 2018-08-31
Status: Denied
Type: IFP
IFP
Tags: 14th-amendment 42-usc-1983 ada americans-with-disabilities-act due-process fair-housing-act housing-discrimination public-housing reasonable-accommodation rehabilitation-act
Key Terms:
SocialSecurity DueProcess Securities Privacy JusticiabilityDoctri
Latest Conference: 2019-01-04
Question Presented (AI Summary)

Whether the Lower Courts violated any of these or other pertinent Laws, or rules, Overlooked, misapplied, neglected or made any vital legal errors in their Holdings and affirming of the District Court's Decision of this Petitioner Claims in any way including the issues that were to be addressed or improperly addressed by the lower Courts, the abandonment of the Americans With Disabilities Act (ADA) and 504 Rehabilitation Act of 1973 (RA) claims and the dismissal for all the other claims involved?

Question Presented (OCR Extract)

QUESTION PRESENTED 24 C. F. R 982.316(a)(7) provide that Public Housing Authorities (PHA’s) MUST provide a larger bedroom unite size to accommodate an approved live in aide if needed as a reasonable accommodation. 42 U. S. C. sec. 3604 of the Fair Housing Act (FHA) and 3603 of the title and except as made exempt by sections 3603(b) and 3607 of the title makes clear that “It shall be unlawful to refuse to make Reasonable Accommodations in rules, policies, practices and services when such Accommodations may be necessary to , afford such a person the opportunity to use and enjoy a dwelling” if that Accommodation Request is not responded to , then it is the same as a denial and on the other hand , if that request is denied then that Disabled Individual has the right to a due process hearing/appeal to assert their right and Entitlement to those benefits under the 14th : Amendment and 42 U.S. C 1983. The Question here is: . Whether the Lower Courts violated any of these or other pertinent Laws, or rules, Overlooked, misapplied, neglected or made any vital legal errors in their Holdings and affirming of the District Court’s Decision of this Petitioner Claims in any way including the issues that were to be addressed or improperly addressed by the lower Courts, the abandonment of the Americans With Disabilities Act (ADA) and 504 Rehabilitation Act of 1973 (RA) claims and the dismissal for all the other claims involved?

Docket Entries

2019-01-07
Petition DENIED.
2018-12-14
Reply of petitioner Dorothy Binns filed. (Distributed)
2018-11-29
DISTRIBUTED for Conference of 1/4/2019.
2018-11-15
Brief of respondent City of Marietta, GA in opposition filed.
2018-09-14
Motion to extend the time to file a response is granted and the time is extended to and including November 15, 2018.
2018-09-13
Motion to extend the time to file a response from October 1, 2018 to November 15, 2018, submitted to The Clerk.
2018-06-04
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 1, 2018)
2018-03-14
Application (17A966) granted by Justice Thomas extending the time to file until June 2, 2018.
2018-03-09
Application (17A966) to extend the time to file a petition for a writ of certiorari from April 3, 2018 to June 2, 2018, submitted to Justice Thomas.

Attorneys

Dorothy Binns
Dorothy Binns — Petitioner
Dorothy Binns — Petitioner
Marietta, GA
Daniel Walter WhiteHaynie, Litchfield & White, PC, Respondent
Daniel Walter WhiteHaynie, Litchfield & White, PC, Respondent