Case: Fisher v. Dallas Federal Savings and Loan Association and Guardian Savings and Loan Association

3:79-00565 | U.S. District Court for the Northern District of Texas

Filed Date: May 4, 1979

Clearinghouse coding complete

Case Summary

Plaintiffs filed a class action lawsuit comprised of three classes against Defendant-lenders in the U.S. District Court for the Northern District of Texas, alleging violations of the Fair Housing Act, 42 U.S.C. §§ 3601-3619, the Equal Credit Opportunity Act, 15 U.S.C. §§ 1691-1691f, and federal civil rights statutes, 42 U.S.C. §§ 1981, 1982. Plaintiffs alleged that the two Defendant-lenders engaged in redlining and refused to extend credit to predominantly minority areas of Dallas.On June 18, 1…

Plaintiffs filed a class action lawsuit comprised of three classes against Defendant-lenders in the U.S. District Court for the Northern District of Texas, alleging violations of the Fair Housing Act, 42 U.S.C. §§ 3601-3619, the Equal Credit Opportunity Act, 15 U.S.C. §§ 1691-1691f, and federal civil rights statutes, 42 U.S.C. §§ 1981, 1982. Plaintiffs alleged that the two Defendant-lenders engaged in redlining and refused to extend credit to predominantly minority areas of Dallas.

On June 18, 1985, U.S. District Court Judge Buchmeyer certified one class under Rule 23(b) of loan applicants in a predominantly Mexican-American neighborhood who were actually or constructively denied loans by one of the Defendant-lenders. Judge Buchmeyer refused to certify a class of Plaintiffs who had not actually applied for a loan from either Defendant-lender. Judge Buchmeyer also refused to certify a class of loan applicants against the smaller of the two Defendant-lenders because the element of numerosity was not satisfied. Fischer v. Dallas Federal Sav. & Loan Asso., 106 F.R.D. 465 (N.D. Tex. 1985).

A jury trial led to a verdict for the Defendant-lenders. On January 15, 1988, the Fifth Circuit affirmed, finding that the Plaintiff-Appellants had failed to preserve objections to the District Court's evidentiary rulings excluding Plaintiffs' offered evidence. Fischer v. Dallas Federal Sav. & Loan Assoc., 835 F.2d 567 (5th Cir. 1988).

Summary Authors

Andrew Nash (6/2/2008)

People


Judge(s)

Buchmeyer, Jerry (Texas)

Higginbotham, Patrick Errol (Texas)

Sanders, Harold Barefoot Jr. (Texas)

Williams, Jerre Stockton (Texas)

Attorneys(s) for Plaintiff

Hernandez, Frank (Texas)

Attorneys(s) for Defendant

Babcock, Charles L. (Texas)

Hartman, Ralph E. (Texas)

Kendall, Patricia J. (Texas)

Street, G. Leroy (Texas)

Judge(s)

Buchmeyer, Jerry (Texas)

Higginbotham, Patrick Errol (Texas)

Sanders, Harold Barefoot Jr. (Texas)

Williams, Jerre Stockton (Texas)

Attorneys(s) for Plaintiff

Hernandez, Frank (Texas)

Attorneys(s) for Defendant

Babcock, Charles L. (Texas)

Hartman, Ralph E. (Texas)

Kendall, Patricia J. (Texas)

Street, G. Leroy (Texas)

Documents in the Clearinghouse

Document

Memorandum Opinion

Fischer v. Dallas Federal Savings and Loan Association

106 F.R.D. 465

June 18, 1985 Order/Opinion

[Opinion]

Fischer v. Dallas Federal Savings and Loan Association

U. S. Court of Appeals for the Fifth Circuit

835 F.2d 567

Jan. 15, 1988 Order/Opinion

Docket

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

Docket sheet not available via the Clearinghouse.

State / Territory: Texas

Case Type(s):

Fair Housing/Lending/Insurance

Key Dates

Filing Date: May 4, 1979

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Persons who had been denied loan by savings and loan associations challenging alleged “redlining.”

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Dallas Federal Savings and Loan Association, Private Entity/Person

Guardian Savings and Loan Association, Private Entity/Person

Case Details

Causes of Action:

42 U.S.C. § 1981

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

42 U.S.C. § 1982

Equal Credit Opportunity Act (ECOA), 15 U.S.C. § 1691

Availably Documents:

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Funding

Discrimination-area:

Lending

Discrimination-basis:

National origin discrimination

National Origin/Ethnicity:

Hispanic