Ocoee v. Louisville Metro Housing Authority, Sec. 8 et al

Filing 88

MEMORANDUM OPINION AND ORDER by Judge John G. Heyburn, II on 9/17/13; Plaintiffs remaining claims are DISMISSED WITH PREJUDICE. This is a final order.cc:counsel, Springwater Ocoee, Plaintiff (DAK)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF KENTUCKY
AT LOUISVILLE
CIVIL ACTION NO. 3:11-CV-336-H
SPRINGWATER OCOEE

PLAINTIFF

V.
LOUISVILLE METRO HOUSING AUTHORITY

DEFENDANT

MEMORANDUM OPINION AND ORDER
This matter is before the Court on trial. However, Plaintiff asserted her right to a jury trial
and the Court converted the proceeding to an evidentiary hearing on her claims.
Plaintiff alleges that LMHA and Section 8 Housing Staff discriminated against her in
violation of the Fair Housing Act (Title VIII of the Civil Rights Act of 1968). Generally, Ocoee
alleges she was treated differently and not afforded the same rights as other tenants because of
her status as a disabled, Native American senior citizen. Specifically, Ocoee appears to claim
that Defendant LMHA placed her at the bottom of a waiting list for Section 8 housing and denied
her a canine companion based on one or more of these protected classes. She also claims that she
was beaten and assaulted by certain residents of St. Catherine’s Court housing project.
Based on the evidence produced at this hearing, the Court would conclude that neither
claim is viable. First, Plaintiff conceded that she received a preferential listing for Section 8
Housing based upon her status as a “homeless” person and later lost that status when she found
subsidized housing. Therefore, she admitted that her Section 8 listing was not based on any
discrimination.

Second, the incident during which Plaintiff received injuries involved St.

Catherine’s residents, not Housing Authority employees. Also, a state judge determined that her
eviction was proper based upon Plaintiff initiating the incident.
Finally, at the conclusion of the hearing, Plaintiff asked that her case be dismissed. For
all these reasons and the Court being otherwise sufficiently advised,
IT IS HEREBY ORDERED that Plaintiff’s remaining claims are DISMISSED WITH
PREJUDICE.
This is a final order.

September 17, 2013

cc:

Springwater Ocoee, Plaintiff
Counsel of Record

C/R- Alan Wernecke
COURT TIME: 01/10