Linardon v. United States Department of Housing & Urban Development
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The Supreme Judicial Court affirmed the order of the single justice denying Plaintiff's motion asking the single justice to find Defendants and the superior court in contempt of a Mass. Gen. Laws ch. 211, 4A transfer order, holding that there was no error or abuse of discretion in denying the motion for contempt.
Plaintiff filed a complaint in the county court seeking declaratory and injunctive relief and damages against the Boston Housing Authority (BHA) and the United States Department of Housing and Urban Development (HUD) based on a claim of housing discrimination. The single justice transferred the complaint to the superior court pursuant to Mass. Gen. Laws ch. 211, 4A. From there, the case was removed to the federal court. The federal court dismissed the claims against HUD and remanded the claims against the BHA to the superior court. Plaintiff then filed a motion in the county court asking the single justice to find Defendants and the superior court in contempt of the transfer order. The single justice denied the motion without a hearing. The Supreme Judicial Court affirmed, holding that the single justice correctly denied the motion for contempt.
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