BASCO v. MACHIN

No. 07-11368.

514 F.3d 1177 (2008)

Teresa BASCO, Joseph Basco, her husband, Plaintiffs-Appellants, v. Gil MACHIN, in his official capacity as Director of Section 8 Housing of Hillsborough County, Florida, Patricia G. Bean, in her official capacity as Administrator of Hillsborough County, Florida, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

January 23, 2008.


Attorney(s) appearing for the Case

C. Martin Lawyer, III, Linda Streeter Mann, Bay Area Legal Services, Inc., Tampa, FL, for Plaintiffs-Appellants.

Louise B. Fields, Hillsborough Cty. Attys. Office, Tampa, FL, for Defendants-Appellees.

Alice M. Vickers, Fla. Legal Services, Inc., Tallahassee, FL, for Amicus. Curiae.

Before BIRCH and BARKETT, Circuit Judges, and KORMAN, District Judge.


BARKETT, Circuit Judge:

Teresa and Joseph Basco appeal from summary judgment granted in favor of Gil Machin, Director of Section 8 Housing of Hillsborough County, Florida, and Patricia G. Bean, Administrator of Hillsborough County, Florida, on their complaint asserting violations of due process pursuant to 42 U.S.C. § 1983 when their housing subsidy was terminated for the presence of an "unauthorized resident."1 We reverse.

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