Federal Court Can't Rule on Tenant's Claim

December 20, 2015

LVT Number: #26690

Landlord NYCHA evicted tenant after obtaining a judgment and warrant from housing court. Tenant later sued in federal court a moving company used by a New York City marshal to remove and store tenant’s belongings. Tenant claimed that the moving company damaged her property and violated the due process clause of the 14th Amendment of the U.S. Constitution. The court dismissed the case, finding that nothing the moving company did constituted action by the state. Therefore, federal court had no authority to rule on tenant’s claim.

Landlord NYCHA evicted tenant after obtaining a judgment and warrant from housing court. Tenant later sued in federal court a moving company used by a New York City marshal to remove and store tenant’s belongings. Tenant claimed that the moving company damaged her property and violated the due process clause of the 14th Amendment of the U.S. Constitution. The court dismissed the case, finding that nothing the moving company did constituted action by the state. Therefore, federal court had no authority to rule on tenant’s claim. Although the moving company was hired by a city marshal and the company was paid by the NYC Human Resources Administration, this was insufficient to establish state action.

 

 
Greenidge v. Baya Moving and Storage: Index No. 15 CV 5944, NYLJ No. 1202741935542 (EDNY; 11/3/15; Townes, DJ)

Topics

More like this