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Supreme Court

Section 8 vouchers take center stage in dispute between landlord and disabled tenant

The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. A list of all petitions we’re watching is available here.

Federal law bars housing discrimination against a person with a disability. Under the Fair Housing Act, landlords and sellers must provide “reasonable accommodations” to give someone with a disability “equal opportunity” to rent or buy a home. This week, we highlight petitions that ask the court to consider, among other … Read the rest

Supreme Court

Court endorses private Section 1983 enforcement of spending clause enactments

Civil rights plaintiffs scored a significant victory in Health & Hospital Corp. of Marion County v. Talevski on Thursday, with a seven-justice majority reaffirming that private plaintiffs can enforce spending clause enactments through 42 U.S.C. § 1983 and allowing private damages actions to enforce the Federal Nursing Home Reform Act of 1987.

FNHRA, a law enacted under Congress’s spending clause powers, requires nursing facilities participating in Medicare and Medicaid to “protect and promote the rights of each resident” as … Read the rest

Supreme Court

Officers question award of post-mortem damages under Section 1983

The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. A list of all petitions we’re watching is available here.

When a person is killed, the damages that their descendants or families can receive vary from state to state. Only five states allow for “hedonic” damages, or money to account for the deceased’s loss of enjoyment of future life. This week, we highlight cert petitions that ask the court to … Read the rest