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Civil Procedure Keyed to Marcus
Greene v. Lindsey
Citation:
456 U.S. 444 (1982)Facts
The plaintiffs were tenants in a Louisville, Kentucky public housing project. The Housing Authority initiated detainer actions against them, seeking repossession of their apartments. Following Kentucky law, when process servers could not find the tenants at home, they posted summonses on the apartment doors. The tenants claimed they never saw these notices and only learned of the eviction proceedings after default judgments had been entered and writs of possession were served. Evidence showed that in this housing project, notices posted on doors were “not infrequently” removed by children or other tenants before the intended recipients could see them. The tenants filed a class action lawsuit claiming that Kentucky’s notice procedure violated due process by failing to provide adequate notice of the proceedings against them.
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