2017AP1858 Charles Rayford v. Community Development Authority of the City of Madison

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WI Court of Appeals – District IV

Case Name: Charles Rayford v. Community Development Authority of the City of Madison

Case No.: 2017AP1858

Officials: Lundsten, P.J., Kloppenburg and Fitzpatrick, JJ.

Charles Rayford received housing assistance benefits through a federal program administered by the Community Development Authority of the City of Madison (CDA). Because of a program rule violation by Rayford, the CDA notified Rayford that his benefits would be terminated. Rayford appealed that decision, and a hearing officer upheld the CDA’s decision to terminate Rayford’s benefits. Rayford brought a certiorari action in circuit court, and the court remanded for a second hearing. Upon remand, the hearing officer again upheld the CDA’s decision to terminate Rayford’s benefits. Rayford filed a second certiorari action, and the circuit court again remanded the matter. This time a different hearing officer reversed the CDA’s termination decision and ordered that Rayford’s benefits be commenced again.

Having ultimately prevailed in obtaining reinstatement of his benefits, Rayford initiated, pursuant to 42 U.S.C. § 1983, this action in the Dane County Circuit Court for damages related to the loss of his housing assistance benefits for a portion of the time he was denied benefits. The parties filed cross-motions for summary judgment. The circuit court granted summary judgment in favor of the CDA and dismissed Rayford’s claims. Rayford appeals. We affirm the order of the circuit court and conclude that the CDA did not violate Rayford’s constitutional rights because: (1) we reject Rayford’s argument that the actions of the CDA were not random and unauthorized; and (2) Rayford had available to him an adequate post-deprivation remedy of certiorari review in state court.

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.