Allen v. Muriello

Jackie Allen (plaintiff), a Black man, applied to the Oak Park Housing Authority (the housing authority) (defendant) for Section 8 housing assistance and was required to submit to a background check. The agency conducting the check returned a report that included the criminal record of another person. Allen, who had never been arrested, contacted the housing authority to clear his name. The housing authority suspended Allen’s application and refused to provide him with a copy of the report or to assist him in any way. Allen retained counsel, requested a hearing, and was forced to submit fingerprints to clear his name and have his application reinstated. The background checks of two White applicants also indicated criminal backgrounds, but the housing authority treated these applicants differently. Tom Arado had been sentenced to eight years in prison for drug offenses; however, his application was reinstated after he asserted, without evidence, that his probation had ended more than five years before he filed his application. Mary Jenkins’s background check erroneously revealed convictions for drug, weapons, and assault charges. The housing authority gave Jenkins instructions on how to clear her name. She followed the instructions, including providing fingerprints, and her application was reinstated. Based on this information, Allen sued the housing authority for discrimination pursuant to Title VIII of the Fair Housing Act (FHA). The housing authority argued that the disparate treatment was the result of a policy change, but it submitted no evidence to support this claim. The district court granted the housing authority’s motion for summary judgment, reasoning that Allen had failed to make a prima facie case of discrimination. Allen appealed.