BROWN v. PHILADELPHIA HOUSING AUTHORITY

No. 03-1061.

350 F.3d 338 (2003)

Ernest and Eunice BROWN; and their child, Earnest Lamar; Roberta Doyle, and her children; Sandra-Dennis; Joanne; Jimmy; and Myra, on behalf of themselves and all others similarly situated v. PHILADELPHIA HOUSING AUTHORITY; Gilbert Stein, sued individually and in his official capacity as Executive Director, Philadelphia Housing Authority; William L. Rafsky, sued individually and in his official capacity as Acting Chairman, Board of Directors, Philadelphia Housing Authority; Mitchell Smith, Jr., sued individually and in his official capacity as Housing Manager, Richard Allen Homes; Kenneth Blackmun, sued individually and in his official capacity as Assistant Housing Manager, Richard Allen Homes; Edward A. Green, sued individually and in his official capacity as Landlord and Tenant Officer. Philadelphia Housing Authority, Appellant.

United States Court of Appeals, Third Circuit.

Filed November 19, 2003.


Attorney(s) appearing for the Case

Alan C. Kessler, Susan J. French (Argued), Virginia Lynn Hogben, Wolf, Block, Schorr & Solis-Cohen LLP, Philadelphia, PA, for Appellant, Philadelphia Housing Authority.

Paul A. Brooks (Argued), George Gould, Michael Donahue, Community Legal Services, Inc., Philadelphia, PA, for Appellee.

Before: ALITO, WEIS, and GARTH, Circuit Judges.


OPINION OF THE COURT

GARTH, Circuit Judge.

This appeal presents us with the question: should a Consent Decree entered in 1974 be vacated (1) where statutes and regulations have been enacted and promulgated curing the alleged due process deficiencies addressed by the Consent Decree, and (2) where no originally named plaintiff remains a party to the Complaint and Consent Decree and no class was ever certified?

In this action brought by appellant Philadelphia...

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