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Stubenfield v. Chicago Housing Authority

United States District Court, N.D. Illinois, Eastern Division

November 26, 2013

DEANN STUBENFIELD, JESSICA STUBENFIELD, DEBORAH THIGPEN, and SHARON THOMPSON, on behalf of herself and on behalf of ROY THOMPSON, JR., Plaintiffs,
v.
CHICAGO HOUSING AUTHORITY and THE COMMUNITY BUILDERS, INC., Defendants

Page 780

For DeAnn Stubenfield, Roy, Jr. Thompson, Sharon Thompson, Deborah Thigpen, Jessica Stubenfield, Plaintiffs: Arthur R. Loevy, Rachel Steinback, Samantha Liskow, Steven Edwards Art, Loevy & Loevy, Chicago, IL; David Benjamin Owens, Loevy & Loevy Attorneys At Law, Chicago, IL.

For Chicago Housing Authority, Defendant: Kimball Richard Anderson, Samuel Mendenhall, LEAD ATTORNEYS, Winston & Strawn LLP, Chicago, IL; Elizabeth P Papez, Winston & Strawn Llp, Washington, DC.

For The Community Builders, Inc., Defendant: James R. Figliulo, LEAD ATTORNEY, Figliulo & Silverman, Chicago, IL; Stephanie D. Jones, Figliulo & Silverman, P.C., Chicago, IL.

OPINION

Page 781

MEMORANDUM OPINION AND ORDER

Sharon Johnson Coleman, United States District Judge.

Plaintiffs filed a First Amended Complaint alleging a class action for violations of the Fourth and Fourteenth Amendments to the U.S. Constitution through 42 U.S.C. § 1983, the Illinois Constitution, and the United States Housing Act. Defendants, Chicago Housing Authority (" CHA" ) and The Community Builders, Inc. (" TCB" ), move to dismiss [30, 32] the claims entirely pursuant to Federal Rule of Civil Procedure 12(b)(1) and 12(b)(6). The Court heard oral arguments on the motions on November 4, 2013. For the reasons stated below this Court grants in part and denies in part the motions.

Background

" The Stubenfield plaintiffs" are five residents in CHA-reserved units at Oakwood Shores, a privately-owned, mixed-income residential development. TCB developed and manages Oakwood Shores. As a condition of occupancy, residents at Oakwood

Page 782

Shores are required to submit to annual drug testing. DeAnn Stubenfield and her sister, Jessica, live with their mother (who is not a named plaintiff). In 2012, when DeAnn turned 18 she was required to submit to the drug test. She refused. Jessica and their mother had both previously consented to the testing but now refused. Because the Stubenfields have violated their lease agreement, the property managers TCB, began eviction proceedings. The eviction was dismissed on September 10, 2013, and has not been refiled. Sharon Thompson has submitted to the screening annually since 2006. Sharon Thompson's son, Roy Thompson, Jr., lives with her and is severely disabled. Roy Thompson, Jr., was required to submit to drug testing in 2006 when his mother applied to live at Oakwood Shores, but has not been asked since then to submit a drug test. Deborah Thigpen has also submitted to the drug testing. She was once required to disclose her prescription medications to a TCB employee to avoid a false positive.

Plaintiffs are seeking a permanent injunction abolishing the drug testing requirement. Plaintiffs also request a declaration that the drug testing requirement constitutes unreasonable suspicionless bodily searches of all persons applying for or residing in certain CHA sponsored mixed-income housing in violation the Fourth Amendment of the U.S. Constitution, Article I, Section 6 of the Illinois Constitution, and the United States Housing Act. Further, plaintiffs seek an award of ...


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