Draft:Simmons v. West Haven Housing Authority

Simmons v. West Haven Housing Authority was a case decided by the United States Supreme Court in 1970.

"The appeal, involving the issue whether a Connecticut statutory requirement that tenants wishing to appeal from an eviction judgment must post a bond offends the Due Process or Equal Protection Clause if applied to foreclose appellate review for indigent tenants, is dismissed, as the record is ambiguous regarding the underlying reason appellants were denied an opportunity to appeal the eviction judgment.

5 Conn.Cir. 282, 250 A.2d 527, dismissed."

"MR. JUSTICE DOUGLAS, with whom MR. JUSTICE MARSHALL joins, dissenting.

This was a summary procedure brought by a landlord [Footnote 2/1] to obtain possession from his tenants for nonpayment of rent. The trial court found for the landlord, and the tenants appealed.

Connecticut law requires one taking an appeal in such an action to post a bond with surety. The tenants showed they were financially unable to post the bond, and claimed that to require a bond with surety to obtain an appeal would, under those circumstances, be a denial of equal

Page 399 U. S. 514

protection. The trial court refused to waive the requirement for a bond with surety, saying that "the appeal is being taken for the purpose of delay."

The Circuit Court affirmed. The Appellate Division ordered the termination of a stay of execution. 5 Conn.Cir. 282, 250 A.2d 527. The Supreme Court denied certification.

I would reverse this judgment. A rich tenant, whatever his motives for appeal, would obtain appellate review. These tenants, because of their poverty, obtain none. I can imagine no clearer violation of the requirement of equal protection unless it be Griffin v. Illinois, 351 U. S. 12. Whether the case is criminal or civil, wealth, like race, is a suspect criterion for classification of those who have rights and those who do not. Harper v. Virginia Bd. of Elections, 383 U. S. 663; Lee v. Habib, 137 U.S. App. D.C. 403, 424 F.2d 891."

Category:United States Supreme Court cases Category:1970 in United States case law


 * This open draft remains in progress as of July 5, 2023.