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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