Summary
The Seventh Circuit affirmed judgment for the defendants in a housing discrimination action brought under 42 U.S.C. §§ 1982 and 3601 et seq. The court held that the district court did not abuse its discretion by allowing the plaintiffs' attorney to withdraw and requiring them to proceed pro se without a continuance. It also held that the finding that the plaintiffs were denied housing because of perceived undesirable tenant behavior rather than race was not clearly erroneous.
Holdings
- The district court did not abuse its discretion by allowing plaintiffs' attorney to withdraw when the clients rejected his settlement advice, communications had broken down, and the plaintiffs did not object to the withdrawal.
- The district court did not abuse its discretion by requiring the Washingtons to proceed pro se without granting a continuance or recess.
- The district court's finding that defendants did not deny housing to the Washingtons because of race was not clearly erroneous; the finding of no actionable discrimination was affirmed.
Questions Presented
- Whether the district court abused its discretion by permitting the Washingtons' attorney to withdraw and requiring the plaintiffs to proceed pro se without a continuance or recess.
- Whether the district court clearly erred in finding that defendants did not refuse to rent to the Washingtons because of race and therefore committed no actionable housing discrimination.
Disposition
affirmed
Cases Cited (10)
- Moore v. Sunbeam Corp., 459 F.2d 811, 829 (7th Cir. 1972)(followed)
- Beshear v. Weinzapfel, 474 F.2d 127, 134 (7th Cir. 1973)(followed)
- Smith v. Widman Trucking & Excavating, 627 F.2d 792, 795-96 (7th Cir. 1980)(followed)
- Spero v. Abbott Laboratories, 396 F. Supp. 321, 323 (N.D. Ill. 1975)(followed)
- Green v. Forney Engineering Co., 589 F.2d 243, 247-48 (5th Cir. 1979)(followed)
- Ma v. Community Bank, 494 F. Supp. 252, 260 (E.D. Wis. 1980)(followed)
- Grunewald v. Missouri Pacific Railroad Co., 331 F.2d 983, 986-87 (8th Cir. 1964)(followed)
- Robinson v. 12 Lofts Realty, Inc., 610 F.2d 1032, 1040-41 (2d Cir. 1979)(followed)
- Hamilton v. Miller, 477 F.2d 908, 910 (10th Cir. 1973)(followed)
- Haven Realty Corp. v. Coleman, 455 U.S. 363, 102 S. Ct. 1114, 71 L. Ed. 2d 214 (1982)(distinguished)
Cited In (0)
No citing cases on record yet.
Court Document
Open PDFLoading document…