Logourl black

Asbury v. Brougham

United States Court of Appeals for the Tenth Circuit
866 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.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision. To access this section, start your 7-day free trial of Quimbee for Law Students.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question. To access this section, start your 7-day free trial of Quimbee for Law Students.

Holding and Reasoning (Parker, J.)

The holding and reasoning section includes:

  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

To access this section, start your 7-day free trial of Quimbee for Law Students.