Pratt v. Chicago Housing Authority

155 F.R.D. 177, 30 Fed. R. Serv. 3d 571, 1994 U.S. Dist. LEXIS 4833, 1994 WL 236297
District Court, N.D. Illinois·Decided April 14, 1994·No. No. 93 C 6985·Published·Cited by 2 cases

Opinion

MEMORANDUM, OPINION AND ORDER

ANDERSEN, District Judge.

Defendant-intervenors seek to de-certify the class action brought by plaintiffs Mark Pratt, Easter Redman, Ethel Washington and Barbara Moore on behalf of all tenants and residents of the Chicago Housing Authority (“CHA”). The basis of the de-certifi-cation motion is that the named plaintiffs are unable to adequately represent all class members as required by Fed.R.Civ.P. 23. For the following reasons, intervenors’ motion is granted.

FACTS

Plaintiffs Mark Pratt, Easter Redman, Ethel Washington and Barbara Moore brought this action on behalf of all tenants and lawful residents of property owned and operated by defendant CHA. Plaintiffs’ complaint is a civil rights action for declaratory and injunctive relief arising under 42 U.S.C. §§ 1983, 1988 and 28 U.S.C. §§ 2201, et seq. The complaint alleges that the defendant violated the rights of residents guaranteed by the Fourth and Fourteenth Amendments of the Constitution of the United States.

The plaintiffs’ claims are based on the CHA Search Policy that authorizes warrant-less searches of CHA residents’ homes when certain preconditions exist. Those preconditions include random gunfire from building to building and/or intimidation at gunpoint or by shooting if weapons were taken into buildings. If CHA police officers could not ascertain into which apartments weapons had been taken, they would search all residential units located within the buildings.

These “sweeps” were conducted by searching entire apartment units, including closets, drawers, refrigerators, cabinets and personal effects. The normal procedure of obtaining search warrants from a judge was not attempted, so all searches were without court sanction. The sweeps themselves, due to the logistical difficulties of coordinating sufficient police to search properly, normally took place several days after the emergency circumstances arose and never occurred earlier than forty-eight hours after the alleged criminal activity. Although the CHA obtained consent to search from many tenants, it concedes that consent was not obtained from some tenants, such as those who were not home when the searches occurred. Pursuant to the plaintiffs’ claims, a preliminary injunction was issued on April 7,1994 enjoining the CHA Search Policy. Plaintiffs sought and obtained class certification pursuant to Fed. R.Civ.P. 23(b)(2) for named plaintiffs and all tenants and lawful residents of property owned and operated by the CHA. Defendant-intervenors now seek to de-certify this class based on intra-class conflict.

Defendant-intervenors are CHA residents who are Local Advisory Council (“LAC”) Presidents for eighteen of the nineteen CHA developments and who contend that the CHA’s policy and practice as described in the complaint does not violate the Fourth Amendment. Each CHA development has a LAC and LAC members and presidents are elected by each development’s residents. The LAC Presidents, in turn, comprise the CHA Central Advisory Council (“CAC”), representing CHA residents from all CHA developments. The CAC adopted a resolution on February 14, 1994 indicating its official support for the CHA’s searches and sweeps and authorizing the representation of counsel to pursue the intervenors’ interest in this case.

In addition to the CAC resolution, interve-nors introduced evidence that many residents oppose plaintiffs’ action and their inclusion in the class. Specifically, petitions purportedly signed by over 5,000 CHA residents state:

We strongly support the efforts of the [CHA] to improve our safety, including searches of units for guns, installation of metal detectors at entrances, and use of photo identification cards for admission to a CHA building.
We oppose the efforts of outside groups who have gone to court seeking to prevent [179]*179the CHA from taking the steps needed to protect our safety____

Based on substantial resident opposition, LAC President opposition, and the CAC resolution supporting the Search Policy, interve-nors have moved to de-eertify the plaintiffs’ class.

DISCUSSION

The plaintiffs’ class was certified pursuant to Fed.R.Civ.P. 23(b)(2). A court has broad discretion to determine whether certification of a class is appropriate. Retired Chicago Police Ass’n v. City of Chicago, 7 F.3d 584, 596 (7th Cir.1993). “[T]he party seeking class certification assumes the burden of demonstrating that certification is appropriate.” Id.; Trotter v. Klincar, 748 F.2d 1177, 1184 (7th Cir.1984). Under the federal rules, the plaintiffs must show that the four requirements of Rule 23(a) are met and that one section of Rule 23(b) is satisfied.

Rule 23 provides, in pertinent part:

(a) Prerequisites to a Class Action. One or more members of a class may sue or be sued as representative parties on behalf of all only if (1) the class is so numerous that joinder of all members is impracticable, (2) there are questions of law or fact common to the class, (3) the claims or defenses of the representative parties are typical of the claims or defenses of the class, and (4) the representative parties will fairly and adequately protect the interests of the class.
(b) Class Actions Maintainable. An action may be maintained as a class action if the prerequisites of subdivision (a) are satisfied, and in addition:
(2) the party opposing the class has acted or refused to act on grounds generally applicable to the class, thereby making appropriate final injunctive relief or corresponding declaratory relief with respect to the class as a whole;

The intervenors’ primary argument is that the plaintiffs have failed to meet the 23(a)(4) adequacy of representation requirements.

In order to certify a class, a court must find that the named plaintiffs will fairly and adequately protect the interests of the class. “Basie considerations of fairness require that a court undertake a stringent and continuing examination of the adequacy of representation by the named class representatives at all stages of the litigation where absent members will be bound by the court’s judgment.” Susman v. Lincoln American Corp., 561 F.2d 86, 89-90 (7th Cir.1977) (quoting National Association of Regional Medical Programs v. Mathews, 551 F.2d 340, 344-45 (D.C.Cir.1976), cert. denied,

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Pratt v. Chicago Housing Authority, 155 F.R.D. 177, 30 Fed. R. Serv. 3d 571, 1994 U.S. Dist. LEXIS 4833, 1994 WL 236297 (N.D. Ill. 1994).

155 F.R.D. 177 (Pratt v. Chicago Housing Authority) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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