|Re: City of Lewisville Moves to Dismiss|
Poster: WhosPlayin Posted: 2012/9/24 21:43:17
Apologies for taking so long to get back to this one.
What's happened to date is that the parties went back and forth on the motion to dimiss, and a federal magistrate has recommended dismissal on the basis of lack of standing. Ironically, because Duarte has not BROKEN the law, the magistrate says he has no standing. If he had simply broken the law and moved into an apartment for a day, called the police on himself, and gotten a fine, then they say he'd have a right to sue. The magistrate also found no constitutional right for a person to live in a city they can otherwise afford to live in, and no constitutional right for a person to live with his family, and no harm done to the family in having to forgo living with him in the same city.
Here is the recommended order, and the Duarte response.