Greene et al. v. Lindsey et al. (456 U.S. 444)

U.S. Supreme Court · decided May 17, 1982 · Supreme Court Database (Spaeth)

Citation
456 U.S. 444 · 102 S. Ct. 1874
Decided
May 17, 1982
Term
October Term 1981
Vote
6–3
Majority author
Justice Brennan
Issue area
Due Process
Disposition
Affirmed
Outcome
Petitioning party lost
Ideological direction
Liberal
Constitutional ruling
State/territorial law held unconstitutional

Opinion excerpt

Justice Brennan delivered the opinion of the Court. A Kentucky statute provides that in forcible entry or de-tainer actions, service of process may be made under certain circumstances by posting a summons on the door of a tenant’s apartment. The question presented is whether this statute, as applied to tenants in a public housing project, fails to afford those tenants the notice of proceedings initiated against them required by the Due Process Clause of the Fourteenth Amendment. I Appellees Linnie Lindsey, Barbara Hodgens, and Pamela Ray are tenants in a Louisville, Ky., housing project. Appellants are the Sheriff of Jefferson County, Ky., and certain unnamed Deputy Sheriffs charged with responsibility for serving process in forcible entry and detainer actions. In 1975, the Housing Authority of Louisville initiated detainer actions against each of appellees, seeking repossession of their apartments. Service of process was made pursuant to Ky. Rev. Stat. § 454.030 (1975), which states: “If the officer directed to serve notice on the defendant in forcible entry or detainer proceedings cannot find the defendant on the premises mentioned in the writ, he may explain and leave a copy of the notice wdth any member of the defendant’s family thereon over sixteen (16) years of age, and if no such person is found he may serve the notice by posting a copy thereof in a conspicuous place…

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