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Case Name Boykin v. Bank of America Corporation FH-GA-0007
Docket / Court 1:03-cv-03467-MHS ( N.D. Ga. )
State/Territory Georgia
Case Type(s) Fair Housing/Lending/Insurance
Case Summary
Plaintiff, a 53-year-old African-American resident of Atlanta, filed suit pro se in the U.S. District Court for the Northern District of Georgia on November 13, 2004, against the Defendant bank and state and federal agencies, alleging violations of the Fair Housing Act, 42 U.S.C. 3601-3619 and ... read more >
Plaintiff, a 53-year-old African-American resident of Atlanta, filed suit pro se in the U.S. District Court for the Northern District of Georgia on November 13, 2004, against the Defendant bank and state and federal agencies, alleging violations of the Fair Housing Act, 42 U.S.C. 3601-3619 and noncompliance with the Act's regulations; racial discrimination in violation of 42 U.S.C. 1981 and 1982; noncompliance with the Civil Rights Act of 1964, 42 U.S.C. 2000d; discrimination on the bases of race, sex, and age in violation of the Equal Credit Opportunity Act (ECOA), 15 U.S.C. 1691; and violations of the Fifth and Fourteenth Amendments of the U.S. constitution. The plaintiff alleged that the Defendant-bank rejected the plaintiff's real estate refinancing loan application on the basis of Defendant's race. The plaintiff sought compensatory and punitive damages, as well as equitable and declaratory relief.

U.S. District Court Judge Marvin H. Shoob dismissed all of the plaintiff's claims on May 23, 2005. Judge Shoob found that the plaintiff had failed to allege facts that would support a finding of race-based discrimination, since none of plaintiff's loan documents reflected her race. The Eleventh Circuit Court of Appeals affirmed Judge Shoob's ruling on December 21, 2005, in a per curiam opinion. Boykin v. Bank of Am. Corp., 162 Fed. Appx. 837 (11th Cir. 2005). The U.S. Supreme Court denied the plaintiff’s petition for writ of certiorari on June 26, 2006. Boykin v. Bank of Am. Corp., 126 S. Ct. 2931 (2006).

Andrew Nash - 08/02/2008


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Issues and Causes of Action
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Issues
Affected Gender
Female
Discrimination-area
Lending
Discrimination-basis
Age discrimination
Race discrimination
Sex discrimination
Plaintiff Type
Private Plaintiff
Race
Black
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) Bank of America Corporation
Department of Housing and Urban Development
Equicredit Corporation
State of New York Executive Department, Division of Human Rights
Plaintiff Description Pro se female claimed that Bank of America and Equicredit Corporation of America denied her loan refinancing application on the basis of her race, gender, age, and the property's location in a predominantly black neighborhood.
Indexed Lawyer Organizations None on record
Class action status sought None on record
Class action status granted No
Prevailing Party Defendant
Public Int. Lawyer No
Nature of Relief None
Source of Relief None
Form of Settlement None on record
Order Duration not on record
Case Closing Year 2006
Case Ongoing No
Docket(s)
1:03-cv-03467-MHS (N.D. Ga.) 07/07/2006
FH-GA-0007-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 11/14/2003
FH-GA-0007-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order [Granting in Part and Denying in Part Defendant's Motion to Dismiss] 06/15/2004 (N.D. Ga.)
FH-GA-0007-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order [Denying Motion to Compel] 02/10/2005 (N.D. Ga.)
FH-GA-0007-0004.pdf | Detail
Order [Granting S/J to Defendant] 05/23/2005 (N.D. Ga.)
FH-GA-0007-0003.pdf | Detail
[Opinion Affirming D.C. Grant of S/J] 12/21/2005 (162 Fed.Appx. 837)
FH-GA-0007-0005.pdf | WESTLAW| LEXIS | Detail
[Opinion Denying Cert.] 06/26/2006 (548 U.S. 919)
FH-GA-0007-0006.pdf | WESTLAW| LEXIS | Detail
Document Source: Westlaw
Judges Marcus, Stanley (Eleventh Circuit, S.D. Fla.)
FH-GA-0007-0005
Shoob, Marvin Herman (N.D. Ga.)
FH-GA-0007-0002 | FH-GA-0007-0003 | FH-GA-0007-0004 | FH-GA-0007-9000
Tjoflat, Gerald Bard (M.D. Fla., Eleventh Circuit, Fifth Circuit)
FH-GA-0007-0005
Wilson, Charles R. (M.D. Fla., Eleventh Circuit) [Magistrate]
FH-GA-0007-0005
Monitors/Masters None on record
Plaintiff's Lawyers None on record
Defendant's Lawyers Ewing, Constance Melissa (Georgia)
FH-GA-0007-9000
Holley, William J. II (Georgia)
FH-GA-0007-0005 | FH-GA-0007-9000
Long, Alonzo H. (Georgia)
FH-GA-0007-9000
Lyons, Charles W. (Georgia)
FH-GA-0007-0005 | FH-GA-0007-9000
Rawles, Angela Slate (Georgia)
FH-GA-0007-9000
Other Lawyers None on record

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