The Fourth Amendment's Forcing of Flawed Choices: Giving Content to Freedom for Residents of Public Housing - Pratt v. Chicago Housing Authority, 848 F. Supp. 792 (N.D. Ill. 1994)

Authors

Erika George, Boston University School of LawFollow

Document Type

Article

Publication Date

Summer 1995

ISSN

0017-8039

Publisher

Harvard Law School

Language

en-US

Abstract

In April 1994, the United States District Court for the Northern District of Illinois issued a preliminary injunction halting the "Operation Clean Sweep" program operated by the Chicago Housing Authority ("CHA"). ³ The court did so over the protestations of some of those most affected, the public housing residents subjected to the CHA's searches. ⁴ Pratt v. Chicago Housing Authority⁵ attracted the attention of the nation and President William Clinton, who requested that the Justice Department investigate ways to strengthen security in public housing without offending the Fourth and Fourteenth Amendments of the United States Constitution.

Civil libertarians applauded the injunction as a victory against the further erosion of Fourth Amendment rights.⁷ Meanwhile, many public housing residents have lamented the decision. While freeing residents from random searches and seizures, the Pratt decision leaves them hostage to the fear of random violence. This Recent Development explores the ways in which adherence to classical liberal constitutional principles embracing notions of an individual's right to be free from, in this instance governmental intrusion, undervalues the positive freedom to exist and flourish.⁸ Presently, both courts and public housing residents face a flawed set of choices.

Recommended Citation

Erika George, The Fourth Amendment's Forcing of Flawed Choices: Giving Content to Freedom for Residents of Public Housing - Pratt v. Chicago Housing Authority, 848 F. Supp. 792 (N.D. Ill. 1994) , in 30 Harvard Civil Rights-Civil Liberties Law Review 577 (1995).
Available at: https://scholarship.law.bu.edu/faculty_scholarship/3865