URGENT UPDATE: A blind man and his two daughters are seeing a glimmer of hope as their wrongful eviction case gains traction once again. The U.S. Court of Appeals for the 3rd Circuit has just vacated a previous dismissal of their lawsuit against the state of Delaware, allowing them to pursue claims of discrimination and violation of their constitutional rights.
In a shocking incident that occurred in March 2021, William Murphy and his daughters were unlawfully evicted from their home in Wilmington during a snowstorm. The eviction was executed despite a statewide moratorium on evictions due to the COVID-19 pandemic. They were rushed out of their residence, leaving behind essential items, including school laptops and an urn containing Murphy’s late wife’s ashes.
Murphy recalls the harrowing experience: “It was just one of the worst feelings when you feel like you failed as a parent,” he said. The eviction order was intended for a previous tenant, yet Murphy had been renting the property legally. After presenting his lease to court constables, they proceeded with the eviction, disregarding his rights and circumstances.
The appeals court’s recent ruling highlights the failure of court officials to provide adequate notice, stating that the constables should have made reasonable adjustments for Murphy’s blindness, such as issuing eviction documents in Braille. This decision underscores the legal obligation to accommodate individuals with disabilities, reaffirming the protections under the Americans With Disabilities Act and the 14th Amendment.
After a prior ruling by Chief Judge Colm F. Connolly dismissed the case, stating that Murphy had not established a link between his disability and the eviction, the appeals court reversed this decision in a close 2-1 ruling. The court emphasized that the eviction was improperly executed and that the state must be held accountable for the actions of its agents.
Murphy expressed his relief, stating, “I’m happy that they decided to do that for me because my only real thought in the whole thing is that I feel like nobody listened to me.” His legal team is now preparing for the next steps, which may include further litigation and a trial to uncover the details behind the wrongful eviction.
The implications of this case extend beyond the Murphys, as it raises significant questions about the accountability of the Delaware court system in handling eviction notices, particularly for vulnerable populations. The case serves as a critical reminder of the need for systemic changes to prevent similar injustices in the future.
As the situation develops, Murphy’s attorney, Stephen Neuberger, is pushing for a thorough investigation into the practices of Delaware’s magistrate court system. “Even if you’re evicting the wrong person, the notice still has to be in a form that the blind man can read and understand,” Neuberger stated.
The state of Delaware is currently reviewing its options, including the possibility of appealing the appeals court’s decision. Chief Magistrate Alan Davis confirmed that the state is weighing its next steps but could not comment further on the pending litigation.
This case not only impacts the Murphy family but also has broader implications for individuals with disabilities facing eviction and discrimination. As they prepare to return to court, the Murphys are seeking justice and accountability, aiming for punitive and compensatory damages, as well as an official apology.
The next chapter in this ongoing saga will unfold in the U.S. District Court, where the state must respond to the allegations brought forth by the Murphys. As the legal battle continues, many are watching closely, eager to see if justice will finally be served.
