University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Evans v. First Federal Savings Bank of Indiana FH-IN-0001
Docket / Court H 86-711 ( N.D. Ind. )
State/Territory Indiana
Case Type(s) Fair Housing/Lending/Insurance
Case Summary
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. ... read more >
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.

Andrew Nash - 06/02/2008


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Issues and Causes of Action
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Issues
Discrimination-area
Lending
Discrimination-basis
Race discrimination
General
Funding
Plaintiff Type
Private Plaintiff
Race
Race, unspecified
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
42 U.S.C. § 1981
42 U.S.C. § 1982
Defendant(s) First Federal Savings Bank of Indiana
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.
Indexed Lawyer Organizations None on record
Class action status sought Yes
Class action status granted Yes
Prevailing Party Unknown
Public Int. Lawyer No
Nature of Relief Unknown
Source of Relief Unknown
Form of Settlement None on record
Order Duration not on record
Case Closing Year n/a
Case Ongoing No
Docket(s)
No docket sheet currently in the collection
General Documents
Order 09/18/1987 (669 F.Supp. 915) (N.D. Ind.)
FH-IN-0001-0001.pdf | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Judges Moody, James Tyne (N.D. Ind.) [Magistrate]
FH-IN-0001-0001
Monitors/Masters None on record
Plaintiff's Lawyers Albrecht, Lawrence G. (District of Columbia)
FH-IN-0001-0001
James, Jeffrey A. (Indiana)
FH-IN-0001-0001
Defendant's Lawyers Jordan, Gregory A. (Indiana)
FH-IN-0001-0001
Smith, Stephen E. (Illinois)
FH-IN-0001-0001
Other Lawyers None on record

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