WASHINGTON LEGAL CLINIC FOR THE HOMELESS v. BARRY

No. 96-7066.

107 F.3d 32 (1997)

WASHINGTON LEGAL CLINIC FOR THE HOMELESS, et al., Appellees v. Marion S. BARRY, Jr., Mayor of the District of Columbia, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided March 4, 1997.


Attorney(s) appearing for the Case

Donna M. Murasky, Assistant Corporation Counsel, Washington, DC, argued the cause for appellant. With her on the brief were Charles F.C. Ruff, Corporation Counsel, and Charles L. Reischel, Deputy Corporation Counsel, Washington, DC. Edward E. Schwab, Assistant Corporation Counsel, Washington, DC, entered an appearance.

Katherine D. McManus, Washington, DC, argued the cause for appellees. With her on the brief were Peder A. Garske and Martin F. Cunniff, Washington, DC. Mark D. Wegener, Washington, DC, entered an appearance.

Before: WALD, GINSBURG and TATEL, Circuit Judges.


Opinion for the Court filed by Circuit Judge TATEL.

Opinion dissenting in part filed by Circuit Judge WALD.

TATEL, Circuit Judge:

The central question in this case is whether District of Columbia law creates a constitutionally protected entitlement to emergency family shelter. Although D.C. law establishes objective eligibility criteria for homeless families seeking shelter, for a combination of reasons we hold that homeless families lack an expectation...

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