Justia U.S. 6th Circuit Court of Appeals Opinion Summaries

The Youth Re-Entry Program helps young people re-enter society after foster care or juvenile detention. About 80 percent of its members are black. The program moved to the Cleveland suburb, Lakewood, to house clients in apartments in Hidden Village. Lakewood’s building commissioner (Barrett) took the position that this was a prohibited institutional use. The program nonetheless moved into Hidden Village. Barrett ordered removal, but the planning commission reversed his decision. The police department sent officers a memo stating that “[c]itations and arrests are the preferred course of action for violations ... in the vicinity of [Hidden Village].” Program participants began complaining about harassment, such as tickets and astronomical fines for jaywalking, failure to attach a license plate to a bicycle, and walking on railroad tracks. The mayor stated that he intended to remove the program. Police, an officer in SWAT attire, a canine unit, and fire and health department workers visited Hidden Village, unannounced and without a warrant, to conduct a “joint inspection.” Another fire inspection followed a week later. Hidden Village sued, 42 U.S.C. 1981-1983. The Youth Program did not participate. The district court denied the defendants summary judgment and held that individual defendants did not enjoy qualified immunity. The Sixth Circuit affirmed in part. Hidden Village produced evidence from which a jury could reasonably conclude that defendants discriminated on the basis of race. View "Hidden Village, LLC v. City of Lakewood, OH" on Justia Law

Connor Group owns and manages about 15,000 rental units throughout the U.S., including about 1,900 in the Dayton area. Its rental agent posted an ad on Craigslist: 599/1br – Great Bachelor Pad! (Centerville) … Our one bedroom apartments are a great bachelor pad for any single man looking to hook up. This apartment includes a large bedroom, walk in closet, patio, gourmet kitchen, washer dryer hook up and so much more.... A fair-housing organization sued, charging violation of the Fair Housing Act’s section 3604(c) and Ohio’s Revised Code section 4112.02(H)(7), claiming that the bachelor pad ad was facially discriminatory to families and women. The court provided a jury instruction that “The question is not whether the particular advertisement discourages some potential renters from applying … but whether such discouragement is the product of any discriminatory statement or indication in the advertisement. If an ordinary reader who is a member of a protected class would be discouraged from answering the advertisement because of some discriminatory statement or indication contained therein, then the fair housing laws have been violated.” The trial court ruled in favor of the landlord. The Sixth Circuit reversed and remanded for a new trial based on the erroneous instruction. View "Miami Valley Fair Hous. Ctr., Inc. v. Connor Grp." on Justia Law

Plaintiff's claims against her landlord, on behalf of her children, alleged violations of the disclosure requirements contained in the Residential Lead-Based Paint Hazard Reduction Act of 1992, 42 U.S.C. 4851-4856. The district court dismissed. The Sixth Circuit affirmed. The statute does not provide the children with a cause of action to sue for the violations.