Yarbrough v. Decatur Housing Authority

Decatur, Ala. woman arrested, indicted on drug charges (which prosecutors agree to dismiss upon her paying court costs). But housing authorities terminate her Section 8 voucher (which prohibits recipients from engaging in drug-related criminal activity) based on the indictment. Eleventh Circuit: Can’t do that. The authorities needed to establish by a preponderance of the evidence that she committed the crime; the indictment establishes only probable cause, which isn’t enough. Concurrence: This is what our precedent requires, but it should be overruled en banc.

Tags: 2018, Due Process, Eleventh Circuit, Fourteenth Amendment

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