Theodore Hayes v. Philip Harvey, 903 F.3d 32 (2018)

Citation: Theodore Hayes v. Philip Harvey, 903 F.3d 32 (2018)
Parent Document: Theodore Hayes v. Philip Harvey, 903 F.3d 32 (2018)
Jurisdiction: United States (federal)
Effective Date: 2018-08-31
Original Source: https://www.courtlistener.com/opinion/4531965/theodore-hayes-v-philip-harvey/ ↗

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The District Court had jurisdiction under 28 U.S.C.
§ 1331. We have jurisdiction under 28 U.S.C. § 1291—with
one caveat. While this appeal was pending, Theodore Hayes
moved out of 538B Pine Street. Because he no longer has “a
legally cognizable interest in the outcome” of the case, his
claims are moot and we lack jurisdiction over them. United
Steel Paper & Forestry Rubber Mfg. Allied Indus. & Serv.
Workers Int’l Union v. Virgin Islands, 842 F.3d 201, 208 (3d
Cir. 2016) (quoting Cty. of Los Angeles v. Davis, 440 U.S. 625,
631 (1979)). Aqeela Fogle still lives in the unit with her three
children, though. She has been processed as the new head of
household and continues to be eligible to receive enhanced
voucher assistance, because she resided in the unit on the date
of the eligibility event, see 42 U.S.C. § 1437f(t)(1). As a result,
Fogle continues to have a concrete interest at stake, and an
“occasion for meaningful relief” continues to exist. United
Steel Paper, 842 F.3d at 208 (quoting Rendell v. Rumsfeld, 484
F.3d 236, 240 (3d Cir. 2007)). We therefore have jurisdiction
over her claims, which are the same as those that were asserted
by Hayes.

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