Case: United States v. Northside Realty Assoc., Inc.

1:69-cv-13932 | U.S. District Court for the Northern District of Georgia

Filed Date: 1969

Clearinghouse coding complete

Case Summary

The Department of Justice filed suit against an Atlanta realtor, alleging that it engaged in a pattern or practice of discrimination against minorities in home sales prohibited by the Fair Housing Act, 42 U.S.C. 3601-19. The DOJ sought injunctive relief against further violations of the FHA. The Defendant filed a counterclaim against the government alleging that the DOJ brought the suit in bad faith. U.S. District Court Judge O'Kelley granted the government's motion to dismiss the counterclaim …

The Department of Justice filed suit against an Atlanta realtor, alleging that it engaged in a pattern or practice of discrimination against minorities in home sales prohibited by the Fair Housing Act, 42 U.S.C. 3601-19. The DOJ sought injunctive relief against further violations of the FHA. The Defendant filed a counterclaim against the government alleging that the DOJ brought the suit in bad faith. U.S. District Court Judge O'Kelley granted the government's motion to dismiss the counterclaim on sovereign immunity grounds. United States v. Northside Realty Assoc., Inc., 324 F. Supp. 287 (N.D. Ga. 1971). The District Court then granted the government's motion for an injunction against further violations of the FHA.

On appeal, the Fifth Circuit vacated and remanded Judge O'Kelley's imposition of an injunction, agreeing with the Defendant-appellant that Judge O'Kelley's factual findings were insufficient to warrant the imposition of a permanent injunction. United States v. Northside Realty Assoc., Inc., 474 F.2d 1164, 1167 (5th Cir. 1973). On remand, the District Court entered more specific findings of fact and re-imposed the injunction; on appeal again, the Fifth Circuit affirmed the District Court's order. United States v. Northside Realty Assoc., Inc., 501 F.2d 181 (5th Cir. 1974). The Fifth Circuit later denied the Defendant's petition for rehearing, United States v. Northside Realty Associates, Inc., 518 F.2d 884 (5th Cir. 1975), and the Supreme Court denied the petition for a writ of certiorari, with two Justices dissenting. Northside Realty Assoc., Inc. v. United States, 424 U.S. 977 (1976).

In 1979, the Fifth Circuit upheld a ruling by the District Court finding the Defendant in contempt for failure to comply with the terms of the injunction. Northside Realty Assoc., Inc. v. United States, 605 F.2d 1348 (5th Cir. 1979).

Summary Authors

Andrew Nash (8/2/2008)

People


Judge(s)

Ainsworth, Robert Andrew Jr. (Louisiana)

Blackmun, Harry Andrew (District of Columbia)

Brown, John Robert (Louisiana)

Coleman, James Plemon (Louisiana)

Dyer, David William (Georgia)

Gewin, Walter Pettus (Alabama)

Goldberg, Irving Loeb (Louisiana)

O'Kelley, William Clark (Georgia)

Thornberry, William Homer (Texas)

Tjoflat, Gerald Bard (Florida)

Judge(s)

Ainsworth, Robert Andrew Jr. (Louisiana)

Blackmun, Harry Andrew (District of Columbia)

Brown, John Robert (Louisiana)

Coleman, James Plemon (Louisiana)

Dyer, David William (Georgia)

Gewin, Walter Pettus (Alabama)

Goldberg, Irving Loeb (Louisiana)

O'Kelley, William Clark (Georgia)

Thornberry, William Homer (Texas)

Tjoflat, Gerald Bard (Florida)

White, Byron Raymond (District of Columbia)

Attorneys(s) for Plaintiff

Chaires, Susan C. (District of Columbia)

Days, Drew S. III (District of Columbia)

Harper, William L. (Georgia)

Keeling, Thomas M. (District of Columbia)

Kelley, David T. (District of Columbia)

Lehtman, Myron S. (District of Columbia)

Leonard, Jerris (District of Columbia)

Longley, Julian M. (District of Columbia)

Mitchell, John N. (District of Columbia)

Moore, Harold H. (District of Columbia)

Pottinger, J. Stanley (District of Columbia)

Russell, Harold L. (Georgia)

Saxbe, William B. (District of Columbia)

Schwelb, Frank E. (District of Columbia)

Stokes, John W. Jr. (Georgia)

Attorneys(s) for Defendant

Boynton, Frederick G. (Georgia)

Sutter, Lloyd (Georgia)

Documents in the Clearinghouse

Document

Order [on Various Discovery Issues]

United States v. Northside Realty Associates

324 F.Supp. 287

March 4, 1971 Order/Opinion

Motion of Defendants Northside Realty Association Inc. and Ed A. Isakson to Amend and Alter Judgment and brief in Support Thereof

United States v. Northside Realty Associates Inc.

Jan. 13, 1972 Pleading / Motion / Brief

Order [Remanding D.C. Award of Injunctive Relief]

United States v. Northside Realty Associates

U. S. Court of Appeals for the Eleventh Circuit

474 F.2d 1164

March 14, 1973 Order/Opinion

[Per Curiam Order Affirming D.C. Grant of Relief to Plaintiffs]

United States v. Northside Realty Associates, Inc.

U. S. Court of Appeals for the Eleventh Circuit

501 F.2d 181

Sept. 23, 1974 Order/Opinion

On Petition for Rehearing and Petition for Rehearing En Banc

United States v. Northside Realty Assoicates, Inc.

U. S. Court of Appeals for the Eleventh Circuit

518 F.2d 884

Sept. 4, 1975 Order/Opinion

Memorandum Decision [Denying Cert. and Denying Rehearing]

Northside Realty Associates, Inc. v. United States

Supreme Court of the United States

424 U.S. 977, 96 S.Ct. 1483, 47 L.Ed.2d 745

May 19, 1976 Order/Opinion

Order [Affirming District Court Order Holding Defendants in Contempt]

Northside Realty Associates, Inc. v. United States

U. S. Court of Appeals for the Eleventh Circuit

605 F.2d 1348

Dec. 17, 1979 Order/Opinion

Docket

Last updated May 12, 2022, 8 p.m.

Docket sheet not available via the Clearinghouse.

State / Territory: Georgia

Case Type(s):

Fair Housing/Lending/Insurance

Key Dates

Filing Date: 1969

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The United States alleged that Northside Realty Associates followed a policy and practice of racial discrimination against blacks with respect to purchase and sale of homes.

Plaintiff Type(s):

U.S. Dept of Justice plaintiff

Attorney Organizations:

U.S. Dept. of Justice Civil Rights Division

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Northside Realty Associates (Atlanta), Private Entity/Person

Case Details

Causes of Action:

Fair Housing Act/Fair Housing Amendments Act (FHAA), 42 U.S.C. §§ 3601 et seq.

Availably Documents:

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Order Duration: 1974 - None

Issues

Discrimination-area:

Housing Sales/Rental

Discrimination-basis:

Race discrimination

Race:

Black