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Fincher v. South Bendheritage Foundation

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ARGUED FEBRUARY 26, 2010

Before FLAUM and WOOD, Circuit Judges, and ST. EVE, District Judge.

Defendant-appellee South Bend Heritage Foundation (“SBHF”) denied plaintiff-appellant Marshall Fincher’s application for Section 8 housing in its building because Fincher had a prior eviction within three years. Fincher brought a suit against SBHF on the theory that he was denied due process of law, or, in the alternative, that SBHF breached a contract with the United States Department of Housing and Urban Development (“HUD”) to which Fincher was a third-party beneficiary. On appeal, Fincher recognizes that the controlling precedent in this Circuit holds that there is no cause of action for a person in his position. See Eidson v. Pierce, 745 F.2d 435 (7th Cir. 1984). Fincher asks us to overturn our precedent on this issue. For the reasons set forth below, we choose not to overrule Eidson and we affirm the district court’s grant of summary judgment.

 
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