Washington v. Sherwin Real Estate, Inc.

Summary

The Seventh Circuit affirmed judgment for the defendants in a housing-discrimination action brought under 42 U.S.C. § 1982 and the Fair Housing Act. The court held that the district court did not abuse its discretion by permitting the plaintiffs’ attorney to withdraw and requiring the plaintiffs to proceed pro se without a continuance. It also held that the finding that the plaintiffs were denied housing because of the plaintiff’s conduct, rather than race, was not clearly erroneous.

Holdings

1. The district court did not abuse its discretion by permitting the Washingtons' attorney to withdraw where the clients rejected his settlement advice, communications had broken down, and the clients did not object to the withdrawal.
2. The district court did not abuse its discretion by requiring the Washingtons to proceed pro se without a continuance under the totality of the circumstances.
3. The district court's finding that the defendants did not refuse to rent to the Washingtons because of race was not clearly erroneous.

Questions Presented

1. Whether the district court abused its discretion by allowing the Washingtons' attorney to withdraw and directing the Washingtons to proceed pro se without a recess or continuance.
2. Whether the district court clearly erred in finding that the Washingtons were not denied housing because of race and therefore suffered no actionable housing discrimination.

Disposition

affirmed