The Department of Justice filed suit against an Atlanta realtor, alleging that it engaged in a pattern or practice of discrimination against minorities in home sales prohibited by the Fair Housing Act, 42 U.S.C. 3601-19. The DOJ sought injunctive relief against further violations of the FHA. The Defendant filed a counterclaim against the government alleging that the DOJ brought the suit in bad faith. U.S. District Court Judge O'Kelley granted the government's motion to dismiss the counterclaim on sovereign immunity grounds. United States v. Northside Realty Assoc., Inc., 324 F. Supp. 287 (N.D. Ga. 1971). The District Court then granted the government's motion for an injunction against further violations of the FHA.

On appeal, the Fifth Circuit vacated and remanded Judge O'Kelley's imposition of an injunction, agreeing with the Defendant-appellant that Judge O'Kelley's factual findings were insufficient to warrant the imposition of a permanent injunction. United States v. Northside Realty Assoc., Inc., 474 F.2d 1164, 1167 (5th Cir. 1973). On remand, the District Court entered more specific findings of fact and re-imposed the injunction; on appeal again, the Fifth Circuit affirmed the District Court's order. United States v. Northside Realty Assoc., Inc., 501 F.2d 181 (5th Cir. 1974). The Fifth Circuit later denied the Defendant's petition for rehearing, United States v. Northside Realty Associates, Inc., 518 F.2d 884 (5th Cir. 1975), and the Supreme Court denied the petition for a writ of certiorari, with two Justices dissenting. Northside Realty Assoc., Inc. v. United States, 424 U.S. 977 (1976).

In 1979, the Fifth Circuit upheld a ruling by the District Court finding the Defendant in contempt for failure to comply with the terms of the injunction. Northside Realty Assoc., Inc. v. United States, 605 F.2d 1348 (5th Cir. 1979).

Andrew Nash - 08/02/2008


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