Filed Date: Oct. 6, 1986
Closed Date: Sept. 18, 1987
Clearinghouse coding complete
Plaintiffs, a rejected minority home equity loan applicant and a housing non-profit, filed suit in the U.S. District Court for the Northern District of Indiana on October 6, 1986, alleging violations of the federal civil rights statute, 42 U.S.C. 1982; the Equal Credit Opportunity Act (ECOA), 15 U.S.C. 1691; and the Fair Housing Act (FHA), 42 U.S.C. 3601-3619.
On September 18, 1987, U.S. District Court Judge James T. Moody granted the Defendant's motion to dismiss the ECOA and FHA claims but denied the motion to dismiss the Section 1982 claim. Evans v. First Federal Sav. Bank, 669 F. Supp. 915 (N.D. Ind. 1987). Judge Moody found that the FHA did not provide the plaintiffs with a cause of action because the plaintiff-loan applicant already owned his home and thus did not suffer a denial of credit impairing home ownership. Similarly, the judge found that the housing non-profit lacked standing to assert the ECOA claim.
We have no information about the resolution of the Section 1982 claim after Judge Moody's September 18, 1987 ruling.
Summary Authors
Andrew Nash (6/2/2008)
Moody, James Tyne (Indiana)
Albrecht, Lawrence G. (District of Columbia)
James, Jeffrey A. (Indiana)
Jordan, Gregory A. (Indiana)
Smith, Stephen E. (Illinois)
Moody, James Tyne (Indiana)
Last updated March 20, 2024, 3:10 a.m.
Docket sheet not available via the Clearinghouse.State / Territory: Indiana
Case Type(s):
Fair Housing/Lending/Insurance
Key Dates
Filing Date: Oct. 6, 1986
Closing Date: Sept. 18, 1987
Case Ongoing: No
Plaintiffs
Plaintiff Description:
Large group of people who claim they were denied home equity or a home mortgage ('mortgage redlining') because they are black and reside in a predominantly black neighborhood.
Plaintiff Type(s):
Public Interest Lawyer: No
Filed Pro Se: No
Class Action Sought: Yes
Class Action Outcome: Granted
Defendants
First Federal Savings Bank of Indiana, Private Entity/Person
Case Details
Causes of Action:
Fair Housing Act/Fair Housing Amendments Act (FHAA), 42 U.S.C. §§ 3601 et seq.
Equal Credit Opportunity Act (ECOA), 15 U.S.C. § 1691
Available Documents:
Outcome
Prevailing Party: Unknown
Nature of Relief:
Source of Relief:
Issues
General:
Discrimination-area:
Discrimination-basis:
Race: