· 12/10/2018
Housing Authority of the City of New Haven v. United States
Syllabus
REPORTED OPINION granting in part and denying in part Motion to Dismiss. Answer due 2/8/2019. Signed by Chief Judge Margaret M. Sweeney. (pp) Service on parties made.
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that the liberty interest for a person to be on a city’s public lands is neither “fundamental nor limitless,” such that there is no fundamental right to use public parks under any condition and at any time (citation omitted)
- “Police often ask individuals to temporarily leave public spaces, ‘and doing so does not create a constitutional □ deprivation.”
- “[T]he purpose of the decree . . . is not to be conceived at too high a level of generality.”
- “In Florida, the plain meaning of the language used by the parties controls as the best indication of the parties’ agreement, so contract terms should be interpreted in accordance with their plain and ordinary meaning.”
- “The key question is whether a reasonable person can “terminate the encounter” with police. A person who is told to leave one place but ‘remains free to go anywhere else that he wishes’ can undoubtedly terminate his encounter.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Margaret M. Sweeney
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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