INTERNAL PROTOTYPE — NOT LEGAL ADVICE — DO NOT SEND

Section 8

Citation
Section 8
Parent Document
Theodore Hayes v. Philip Harvey, 874 F.3d 98 (2017)
Effective Date
2017-10-18
Original Source
https://www.courtlistener.com/opinion/4435296/theodore-hayes-v-philip-harvey/ ↗

Other Sections in This Document (260)

Full Text

1,347 chars 
The District Court had jurisdiction under 28 U.S.C. § 1331. During the pendency of this appeal, Theodore Hayes moved out of the premises and the PHA processed Aqeela Fogle (Theodore Hayes’s niece) as the head of household. Under Article III of the Constitution, our “exercise of judicial power depends upon the existence of a case or controversy.” Rendell v. Rumsfeld, 484 F.03d 236, 240 (3d Cir. 2007) (quoting Intn’l Bhd. of Boilermakers v. Kelly, 815 F.2d 912, 914 (3d Cir. 1987)). “Article III demands that an actual controversy persist throughout all stages of litigation.” Hollingsworth v. Perry, — U.S. —, 133 S.Ct. 2652, 2661, 186 L.Ed.2d 768 (2013) (internal quotation marks omitted). When evaluating mootness we ask “whether changes in circumstances that prevailed at the beginning of the litigation have forestalled any occasion, for meaningful relief.” Rendell, 484 F.3d at 240 (internal quotation marks omitted). Because Theodore Hayes no longer resides -in the unit, he does not have a personal stake in the outcome of this suit and we do not have jurisdiction to hear his claims. However, since Fogle still resides in the unit and, until she moves, is eligible for enhanced voucher assistance, there remains an occasion for meaningful relief. Thus, we are satisfied that the case remains a justiciable controversy under Article III.