SHEENA YARBROUGH, PLAINTIFF - APPELLANT,
v.
DECATUR HOUSING AUTHORITY, DEFENDANT - APPELLEE.
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[1] A public housing authority's decision to terminate Section 8 housing subsidies based solely on an arrest and indictment for drug-related criminal activity is insufficient…
[2] A grand jury indictment establishes probable cause to believe a defendant committed a crime, but it does not prove the crime occurred by a preponderance of the evidence.
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*1291A petition for rehearing en banc having been filed, a member of this Court in active service having requested a poll on whether this case should be reheard en banc, and a majority of the judges of this Court in active service having voted in favor of granting rehearing en banc, it is ORDERED that this case will be reheard en banc. The panel's opinion is VACATED.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Sheena Yarbrough v. Decatur Hous. Auth., 931 F.3d 1322 (11th Cir. 2019)…one arrest and two indictments] do not add up to a finding that a person more likely than not committed a drug-related crime.”¹ Yarbrough v. Decatur Hous. Auth., 905 F.3d 1222, 1226 (11th Cir. 2018) (per curiam), reh❜g en banc granted, op. vacated, 914 F.3d 1290 (11th Cir. 2019). The Authority soon filed a petition for rehearing en banc urging our Court to revisit Basco's holding. A majority of the voting judges on this Court granted the petition, and the panel opinion was vacated as a result. See Yarbroug…1 / 2
Authorities Cited (14 total)
- Gerstein v. Pugh, 420 U.S. 103 (U.S. 1975)
- Moore v. City of E. Cleveland, 431 U.S. 494 (U.S. 1977)
- California v. Sierra Club, 451 U.S. 287 (U.S. 1981)
- Washington v. Glucksberg, 521 U.S. 702 (U.S. 1997)
- Alexander v. Sandoval, 532 U.S. 275 (U.S. 2001)
- MacKey v. Montrym, 443 U.S. 1 (U.S. 1979)
- Blessing v. Freestone, 520 U.S. 329 (U.S. 1997)
- Lavine v. Milne, 424 U.S. 577 (U.S. 1976)
- Gonzaga Univ. v. DOE, 536 U.S. 273 (U.S. 2002)
- Am. Civil Liberties Union OF Fla. v. Miami-Dade Cnty. Sch. Bd., 557 F.3d 1177 (11th Cir. 2009)