Asbury v. Brougham

United States Court of Appeals for the Tenth Circuit866 F.2d 1276 (10th Cir. 1989)

Facts

Asbury (plaintiff), a black woman, went to Brougham Estates (Brougham) (defendant) with her daughter seeking to rent housing. There were already a number of minority residents at Brougham Estates. Based on her salary, Asbury was qualified to rent from Brougham Estates. The manager on duty told Asbury that there were no vacancies and that she should try to rent from a different complex. However, substantial evidence showed that there were in fact units available for rent at the time. Asbury brought suit under 42 U.S.C. § 1982 and the Fair Housing Act, claiming discrimination. Brougham claimed that there were Brougham Estates policies that precluded them from renting apartments to families with a child. The trial court awarded Asbury compensatory and punitive damages. Brougham moved for a new trial.

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