(DOWNLOAD) "Smith v. City of Cleveland Heights" by United States Court Of Appeals For The Sixth Circuit " eBook PDF Kindle ePub Free
eBook details
- Title: Smith v. City of Cleveland Heights
- Author : United States Court Of Appeals For The Sixth Circuit
- Release Date : January 03, 1985
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 67 KB
Description
The plaintiff in this housing discrimination action alleges that the racial steering practices of defendants, city of Cleveland Heights and non-profit neighborhood association, Heights Community Congress, violate both his statutory and constitutional rights under the Fair Housing Act, Title VIII of the Civil Rights Act of 1968, 42 U.S.C. ร§ 3604, the Thirteenth and Fourteenth Amendments, and ร§ร§ 1981, 1982, 1983, 42 U.S.C. The issue on appeal is whether plaintiff Smith, a black resident of the integrated Cleveland Heights community who was not himself steered from the City, has standing to pursue the action. The District Court held that Smith had demonstrated no "actual injury" sufficient to satisfy the requisites of standing, both because Smith had not been steered and because his rights to associate freely with other blacks had not been impaired; the court granted the defendants motion for summary judgment and dismissed the action. Dist. Ct. Op. at 6-7. We hold that plaintiff satisfied the standing requirements reaffirmed by the Supreme Court in Allen v. Wright, 468 U.S. 737, 104 S. Ct. 3315, 82 L. Ed. 2d 556 (1984). We, therefore, reverse the judgment of the District Court and remand for further proceedings on the merits.