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Old June 5, 2012, 08:49 AM   #91
vranasaurus
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Join Date: November 16, 2008
Posts: 1,175
"That the action of state courts and judicial officers in their official capacities is to be regarded as action of the State within the meaning of the Fourteenth Amendment, is a proposition which has long been established by decisions of this Court." - Shelley v. Kraemer, 334 U.S. 1, 14 (1948).

Now this case dealt with racially restrictive covenants on the sale of real estate property so it's different but a judicial order is state action.

A court order for specific performance or injunction that directed that you were not to possess firearms in your apartment would seem to me to be a judicial order that flies in the face of Heller.

Further the question would come up whether or not that particular covenant in the lease was dependent or independent. I have a hard time coming up with a rationale making it a dependent covenant.

I doubt the LL would get specific performance or an injunction and therefore could sue for damages.

What damage has he suffered?
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