University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Doane v. National Westminster Bank FH-NY-0004
Docket / Court 1:95-cv-01181-RJD-ASC ( E.D.N.Y. )
State/Territory New York
Case Type(s) Fair Housing/Lending/Insurance
Case Summary
Plaintiff, represented by New York Law School Civil Clinic, filed suit against Defendant-lender on March 24, 1995, in the U.S. District Court for the Eastern District of New York, alleging violations of the Fair Housing Act, 42 U.S.C. 3601-3619, and federal civil rights statutes, 42 U.S.C. 1981, 198 ... read more >
Plaintiff, represented by New York Law School Civil Clinic, filed suit against Defendant-lender on March 24, 1995, in the U.S. District Court for the Eastern District of New York, alleging violations of the Fair Housing Act, 42 U.S.C. 3601-3619, and federal civil rights statutes, 42 U.S.C. 1981, 1982. Plaintiff was a white homeowner who lived in a predominantly minority neighborhood and wished to sell his home. Plaintiff alleged that Defendant-lender denied credit to a prospective buyer of Plaintiff's home because of the racial composition of Plaintiff's neighborhood.

On September 24, 1996, U.S. District Court Judge Raymond J. Dearie denied the Defendant-lender's motion to dismiss the Section 1981 and Section 1982 claims. Doane v. National Westminster Bank USA, 938 F. Supp. 149 (E.D.N.Y. Sept. 24, 1996). Judge Dearie found that the Plaintiff had standing to assert federal civil rights claims because he alleged that the Defendant-lender had violated his right to sell his property free from discrimination.

The parties settled the case on December 28, 1998, and the Plaintiff dismissed the suit.

Andrew Nash - 06/02/2008


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Issues and Causes of Action
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Issues
Discrimination-area
Housing Sales/Rental
Lending
Discrimination-basis
Race discrimination
General
Funding
Plaintiff Type
Private Plaintiff
Race
Black
Causes of Action Fair Housing Act/Fair Housing Amendments Act (FHAA), 42 U.S.C. §§ 3601 et seq.
42 U.S.C. § 1982
42 U.S.C. § 1981
Defendant(s) National Westminster Bank USA
Plaintiff Description Homeowner who alleges bank was denying prospective buyers mortgage loans because of the racial composition of the neighborhood.
Indexed Lawyer Organizations None on record
Class action status sought None on record
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Unknown
Source of Relief Settlement
Form of Settlement Private Settlement Agreement
Order Duration not on record
Case Closing Year 1998
Case Ongoing No
Docket(s)
1:95-cv-01181-RJD-ASC (E.D.N.Y.) 12/31/1998
FH-NY-0004-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Opinion [Denying Motion to Dismiss] 09/24/1996 (938 F.Supp. 149) (E.D.N.Y.)
FH-NY-0004-0001 PDF | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Judges Dearie, Raymond Joseph (E.D.N.Y., D.D.C.)
FH-NY-0004-0001 | FH-NY-0004-9000
Monitors/Masters None on record
Plaintiff's Lawyers Marsico, Richard (New York)
FH-NY-0004-0001 | FH-NY-0004-9000
Defendant's Lawyers Kider, Mitchel H (District of Columbia)
FH-NY-0004-0001 | FH-NY-0004-9000
Yenouskas, Joseph F (District of Columbia)
FH-NY-0004-0001
Other Lawyers None on record

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