Case: Evans v. First Federal Savings Bank of Indiana

2:86-00711 | U.S. District Court for the Northern District of Indiana

Filed Date: Oct. 6, 1986

Closed Date: Sept. 18, 1987

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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.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 den…

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.

Summary Authors

Andrew Nash (6/2/2008)

People


Judge(s)

Moody, James Tyne (Indiana)

Attorney for Plaintiff

Albrecht, Lawrence G. (District of Columbia)

James, Jeffrey A. (Indiana)

Attorney for Defendant

Jordan, Gregory A. (Indiana)

Smith, Stephen E. (Illinois)

Judge(s)

Moody, James Tyne (Indiana)

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Documents in the Clearinghouse

Document

2:86-00711

86-00712

86-00716

86-00719

86-00776

Order

Sept. 18, 1987

Sept. 18, 1987

Order/Opinion

669 F.Supp. 669

Docket

Last updated March 20, 2024, 3:10 a.m.

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: Indiana

Case Type(s):

Fair Housing/Lending/Insurance

Key Dates

Filing Date: Oct. 6, 1986

Closing Date: Sept. 18, 1987

Case Ongoing: No

Plaintiffs

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.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

First Federal Savings Bank of Indiana, Private Entity/Person

Case Details

Causes of Action:

42 U.S.C. § 1981

Fair Housing Act/Fair Housing Amendments Act (FHAA), 42 U.S.C. §§ 3601 et seq.

42 U.S.C. § 1982

Equal Credit Opportunity Act (ECOA), 15 U.S.C. § 1691

Available Documents:

Any published opinion

Outcome

Prevailing Party: Unknown

Nature of Relief:

Unknown

Source of Relief:

Unknown

Issues

General:

Funding

Discrimination-area:

Lending

Discrimination-basis:

Race discrimination

Race:

Race, unspecified