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“As this case makes clear, justice in America makes less sense with each passing day,” said constitutional attorney John W. Whitehead, president of The Rutherford Institute and author of Battlefield America: The War on the American People. “With every ruling handed down, it becomes more apparent that we live in an age of hollow justice, with government courts, largely lacking in vision and scope, rendering narrow rulings focused on the letter of the law. This is true at all levels of the judiciary, where the courts have become fixated on upholding government order and siding with government agents rather than with safeguarding the rights enshrined in the Constitution.”
William Murphy, a blind, 52-year old African-American widower, is the sole caregiver for his two daughters, aged 17 and 11. After losing his job in Maryland, Murphy moved to Wilmington, Del., in order to find work. He found a 775-square foot rowhouse to rent for $700 per month and was to receive rental assistance from the local social services department. However, the landlord allegedly raised the rent to $750, required that a family member co-sign the lease, and expressed reluctance to rent the property to Murphy because he was blind and supporting two children. Murphy and his daughters eventually moved into the home on November 17, 2020. In early February 2021, the landlord allegedly shut off the water and electricity to the home in violation of state law.
On the morning of February 10, during a bitterly cold snowstorm, police arrived at the Murphy home, ordered them to vacate the premises, and gave the family 30 minutes to collect their belongings and leave. Despite showing proof of a signed lease in good standing, Murphy was ordered to leave the home and left to challenge the wrongful eviction in court. A judge subsequently found the eviction to be improper. The Rutherford Institute filed a federal civil rights complaint filed in Delaware district court in March 2021, demanding that the State of Delaware cease enforcing its “evict first, ask questions later” policy and institute reforms to ensure that future eviction procedures respect the due process rights of those involved.
The Rutherford Institute, a nonprofit civil liberties organization, provides legal assistance at no charge to individuals whose constitutional rights have been threatened or violated and educates the public on a wide spectrum of issues affecting their freedoms.
The complaint and response to the motion to dismiss are available at www.rutherford.org.
Source: https://bit.ly/3nQyHuq
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