Greene v. Lindsey

456 U.S. 444 (1982)

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Greene v. Lindsey

United States Supreme Court
456 U.S. 444 (1982)

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Facts

Acting under a Kentucky statute which provided that notice of an eviction hearing could be posted on the premises of a defendant tenant if he cannot be found, Jefferson County Sherriff Joseph Greene (plaintiff) attached a writ of forcible entry and detainder (essentially an eviction hearing notice), on the doors of three tenants of a Kentucky housing project. The tenants, including Linnie Lindsey (defendant), did not appear for the eviction proceeding, and the court entered a default judgment against them. They brought a class action suit in district court against Greene and Jefferson County, alleging that they never received notice of the eviction hearings, and that the method used to notify them of the hearing was insufficient, in violation of due process. The district court, relying on an older, unreported opinion, granted Greene’s motion for summary judgment. The Court of Appeals for the Sixth Circuit reversed, and the United States Supreme Court granted certiorari.

Rule of Law

Issue

Holding and Reasoning (Brennan, J.)

Dissent (O’Connor, J.)

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