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CASE ENTRY

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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