DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
091209P.pdf 09/01/2010 Thomas J. Gallagher v. Steve Magner
U.S. Court of Appeals Case No: 09-1209
and No: 09-1528
and No: 09-1579
U.S. District Court for the District of Minnesota - Minneapolis
[PUBLISHED] [Melloy, Author, with Wollman and Bye, Circuit Judges]
Civil case - Fair Housing Act. City's housing code enforcement
activities did not give rise to a disparate treatment claim under the Fair
Housing Act as the evidence was insufficient to create a reasonable
inference of discriminatory intent; the program did have a disparate
impact on racial minorities, and the district court erred in granting the
City summary judgment on this claim; no error in granting the City
summary judgment on the remainder of plaintiffs' Fair Housing Act
claims; there was insufficient evidence of discriminatory intent to support
civil rights claims under Sections 1981, 1982 and 1985; plaintiffs failed
to establish a Section 1983 claim, a due process claim or claims under the
Fifth and Fourteenth Amendment; RICO claim rejected; state law tort
claims were properly dismissed; district court did not abuse its discretion
by denying plaintiffs' motion for sanctions for spoilation of evidence as
the City did not intentionally destroy or withhold evidence in an attempt
to suppress the truth.