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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Thorpe v. Housing Authority of Durham, 386 U.S. 670 (1967)

Citation
Thorpe v. Housing Authority of Durham, 386 U.S. 670 (1967)
Parent Document
Thorpe v. Housing Authority of Durham, 386 U.S. 670 (1967)
Effective Date
1967-06-05

Other Sections in This Document (71)

Full Text

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Petitioner requested a hearing to' determine the reason for the termination; the request was summarily denied. Since she was given no reason and no hearing, petitioner refused to vacate her home. The Housing Authority brought a summary ejectment action in the Justice of the Peace Court of Durham; the court ordered that petitioner and her family be removed from their home. Petitioner appealed to the Superior Court. It was stipulated that the Superior Court could hiake findings and decide the case on the basis of the stipulations and affidavits. Petitioner’s motion to quash claimed that her “eviction primarily resulted from her community activities as an organizer of tenants, thus constituting an unconstitutional abridgement of her freedom of expression and a denial of equal protection- of the laws.” Her affidavit alleged “that her eviction was prompted by [the] Manager of the Housing Authority, who wants to get he? out of the project because' of her efforts to organize the tenants of [the housing project] . . . .” It was stip*676ulated that the Executive Director of the Housing Authority would testify that “whatever reason there-may have been, if any, for giving notice to [petitioner] of the termination of her lease, it was not for the reason that she was elected president of any group organized in [the housing project] . . . .” (Emphasis added.) The Superior Court found that petitioner had not been evicted due to her efforts to organize the tenants nor due to her election as president of the Parents’. Club. The court held that the Housing Authority was not required to give petitioner a hearing and was not required to give any reason for the lease termination.