Supreme Court of the United States
Greene v. Lindsey
May 17, 1982456 U.S. 444
Summary
The Court affirmed the Sixth Circuit, holding that Kentucky's statute permitting service of eviction notices by posting on apartment doors does not satisfy the Fourteenth Amendment due process requirement of notice reasonably calculated to inform tenants of pending proceedings. The majority reasoned that posting is unreliable in public housing and that the state must consider more dependable alternatives such as mail. Justice O'Connor dissented, arguing the statute is constitutionally adequate.
Holding
- Whether service of process by posting a notice on the door of a tenant's apartment, as authorized by Kentucky statute §454.030, satisfies the Fourteenth Amendment due‑process requirement of notice reasonably calculated to apprise interested parties of the pendency of the action.. Posting notice on the apartment door is constitutionally deficient and violates the Fourteenth Amendment due‑process clause.
Docket 81-341
Cited authorities
- Ala. Code § 35-9-82
- N.H. Rev. Stat. Ann. § 540:2
- 42 U.S.C. § 1983
- Ala. Code §§ 6-6-332
- Colo. Rev. Stat. § 13-40-112
- Fla. Stat. § 48.183
- Kan. Stat. Ann. § 61-1805
- Miss. Code Ann. § 89-7-33
Cited by
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- New Bedford Housing Authority v. Elba Olan
- Appeal of H.r. (in the Matter of Baby Boy C.)
- Darryl Whiting, Petitioner, Appellant v. United States of America, Respondent, Appellee
- Gladys García-Rubiera, Plaintiffs, Appellants v. Luis G. Fortuño
- Richard Coughlin, Plaintiffs v. Donald Regan, Defendants
- State of North Dakota, Plaintiff and Appellee v. Dalton A. Tininenko, Defendant and Appellant
- Green v. Residential Acceptance Corporation