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Civil Procedure Keyed to Field
Curtis v. Loether
Citation:
415 U.S. 189 (1974)Facts
Petitioner Curtis, a Negro woman, brought an action under Section 812 of the Civil Rights Act of 1968, alleging that respondents Loether and others, who are white, refused to rent an apartment to her because of her race in violation of the Fair Housing Act. Her complaint initially sought injunctive relief and punitive damages, with a claim for compensatory damages added later. The District Court granted preliminary injunctive relief but later dissolved it after Curtis obtained alternative housing. Respondents timely demanded a jury trial in their answer. The District Court denied this request, holding that jury trial was neither statutorily authorized nor constitutionally required under the Seventh Amendment. After a bench trial, the judge found that respondents had discriminated against Curtis based on race but found no actual damages. The court awarded $250 in punitive damages while denying attorney’s fees and costs.
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